Hussain and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The Administrative Appeals Tribunal heard an application for review by an applicant whose application for citizenship by conferral had been refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant had lodged her application in December 2014, and the refusal decision was made in July 2017. The review application was lodged in August 2017, and the hearing took place remotely in November 2020.

The Tribunal was required to determine whether the Minister's refusal of the applicant's citizenship application was correct. Specifically, the Tribunal needed to consider whether the prohibition under subsection 24(3) of the *Australian Citizenship Act 2007* (Cth) applied, which mandates that the Minister must be satisfied of the applicant's identity before approving citizenship. The Tribunal also had to assess whether the applicant had satisfied the requirements of paragraph 21(2)(h) of the Act, which relates to the good character requirement, particularly in light of any provision of false documentation concerning identity.

The Tribunal reasoned that the conferral of citizenship is a privilege, not a right, and is not to be bestowed lightly. It emphasized that section 24(3) of the Act imposes a fundamental prerequisite for the grant of citizenship: the Minister must be positively satisfied of the applicant's identity, and the onus rests on the applicant to establish this identity. The Tribunal's decision indicates that the applicant had provided false documentation in relation to her identity, which directly engaged the good character requirement under paragraph 21(2)(h) and also raised concerns about the satisfaction of identity under section 24(3). The Tribunal ultimately varied the decision under review.