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

The Administrative Appeals Tribunal reviewed a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel the applicant's visa on character grounds under section 501(3A) of the *Migration Act 1958* (Cth). The applicant, Mr. Jokic, was born in Benkovac and both his parents were Croatian citizens, suggesting he may be entitled to Croatian citizenship by origin under Croatian law. However, proof of Croatian citizenship typically requires a valid identity card, military identification card, or passport, which the applicant did not possess, only a birth certificate.

The primary legal issue before the Tribunal was whether the applicant could be considered a Croatian citizen for the purposes of the character provisions, and consequently, whether the discretion under Direction No. 79 could be exercised. The Tribunal was required to determine if the evidence before it was adequate to make proper considerations under Direction No. 79, particularly concerning the applicant's potential citizenship and the implications of his deportation to Croatia.

The Tribunal reasoned that while the applicant's birth circumstances indicated potential entitlement to Croatian citizenship, the lack of formal documentation meant this could not be definitively established. The Croatian Citizenship Act provides for a Certificate of Citizenship to be issued by a registrar if the person's birth is recorded in the relevant records. The Tribunal considered it desirable for the Croatian embassy to confirm whether the applicant would be treated as a Croatian citizen if deported, given the absence of definitive proof of citizenship.

Consequently, the Tribunal set aside the reviewable decision and directed the respondent to make enquiries to ascertain the applicant's citizenship status and the implications of his potential deportation to Croatia, in accordance with the Tribunal's reasons.