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

This matter concerned an application for Australian citizenship by conferral made by JHLD, a former resident of Iran who held a protection visa in Australia. The delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was not satisfied of JHLD's identity, which prohibited the approval of his application under section 24(3) of the *Australian Citizenship Act 2007* (Cth). Other considerations relevant to the application had not been assessed. The case came before the Administrative Appeals Tribunal (AAT).

The AAT was required to determine whether JHLD's identity could be satisfied to the requisite legal standard, and whether he met the good character requirement for citizenship. The central legal issue revolved around the meaning of "satisfied" in the context of statutory requirements for citizenship, particularly in light of the significant rights and responsibilities that flow from Australian citizenship.

The Tribunal applied the principles established in *Briginshaw v Briginshaw* (1938) 60 CLR 336, as reiterated in subsequent High Court decisions, which hold that a tribunal must feel an actual persuasion of the occurrence or existence of a fact before it can be found. This reasonable satisfaction is not a mechanical comparison of probabilities but requires a degree of certainty that varies according to the seriousness of the allegation and the consequences of the finding. The Tribunal considered the documentary evidence provided by JHLD, including various Iranian government documents and photographs, as well as his oral evidence regarding his identity and his departure from Iran.

The Tribunal set aside the delegate's decision. It remitted the matter to the Department with directions that JHLD satisfies the good character requirement under section 21(f) and that his identity under section 24(3) of the *Australian Citizenship Act 2007* is satisfied. The Tribunal noted that other requirements for citizenship had not yet been assessed and were not before it.