Heccae and Minister for Immigration, Citizenship, and Multicultural Affairs (Citizenship)

This matter concerned applications for Australian citizenship by conferral made by Mr Heccae and others. The primary dispute revolved around whether the applicants had satisfied the identity and good character requirements under the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal (AAT) was required to review decisions to refuse these applications.

The legal issues before the Tribunal included whether the applicants' identities were sufficiently established for the purposes of section 24(3) of the Act, and whether Mr Heccae, in particular, was of "good character" as required by section 21(2)(h) of the Act. The Tribunal also had to consider inconsistencies in documentation provided by the applicants, including discrepancies in dates of birth and the applicant's name.

The Tribunal's reasoning focused on the explanation provided by Mr Heccae regarding the inconsistencies in his personal details. He explained that his family name, Heccae, was not commonly used in Myanmar but was important in Australia. He also provided reasons for variations in his stated date of birth, attributing them to advice received to facilitate pension entitlements and support for his mother, and later, to the provision of non-genuine documents in 2015. The Tribunal accepted his explanations regarding his identity and his status as a pastor. For Ms Luthyn, the Tribunal found that a discrepancy in her date of birth was an error by the delegate.

Ultimately, the Tribunal set aside the decisions under review. For Mr Heccae and two other applicants, the matter was remitted for reconsideration on the basis that they satisfied the identity criteria under section 24(3) of the Act. For Ms Luthyn, the matter was remitted for reconsideration on the basis that she satisfied the good character criteria under section 25(2)(b)(iii) of the Act.