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

This matter concerned applications for Australian citizenship by conferral made by members of a family, including the mother, father, four adult children, and two minor children. The primary dispute revolved around the Minister's refusal to grant citizenship, with the applicants challenging the Tribunal's satisfaction regarding their identity and, in one instance, the good character requirement. The case was heard by M Evans-Bonner SM.

The legal issues before the Tribunal were whether it was satisfied of the applicants' identity, and whether it was satisfied of the good character of one of the applicants, Maymoona. A further question arose concerning two applicants who were minors at the time of the original decisions but had reached adulthood by the time of the Tribunal hearing, specifically whether the statutory question before the Tribunal differed from that faced by the initial decision-maker.

The Tribunal applied the principles established in *Frugtniet v Australian Securities and Investments Commission* [2019] HCA 16, which clarified that the Administrative Appeals Tribunal (AAT) stands in the shoes of the original decision-maker, possessing the same powers and constraints. The statutory question before the primary decision-maker defines the boundaries of the AAT's review. The Tribunal considered new evidence, including subsequent events, provided it was relevant to the original statutory question. The Tribunal found the applicants to be honest and credible witnesses, with their evidence corroborated by other witnesses and documentation.

Ultimately, the Tribunal was satisfied of the applicants' identity and Maymoona's good character. Consequently, the Reviewable Decisions were set aside and remitted with a direction for the grant of citizenship.