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

The Administrative Appeals Tribunal considered an application for Australian citizenship by conferral made by Mr. Karimi. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had refused Mr. Karimi's application, and the Tribunal was asked to review this decision. The central dispute concerned whether Mr. Karimi had satisfied the identity requirements under section 24 of the *Australian Citizenship Act 2007* (Cth).

The Tribunal was required to determine the meaning of "identity" in the context of a citizenship application and how the Citizenship Procedural Instructions (CPI) should be applied. Specifically, the Tribunal had to assess whether the evidence presented by Mr. Karimi established a consistent and persuasive identity timeline from birth to the present, and whether he had adequately substantiated his claimed status as a stateless Faili Kurd. The Tribunal also considered the weight to be given to documents issued after Mr. Karimi's arrival in Australia and the applicant's obligation to provide credible evidence to support their claimed identity.

In its reasoning, the Tribunal applied an evidence-based approach, considering biometrics, documents, and the applicant's life story as the three pillars for establishing identity, as outlined in the CPI. The Tribunal noted that the onus was on the applicant to provide credible evidence, and that it was insufficient to be satisfied of identity at only one point in time. The Tribunal found that the available evidence did not establish a consistent timeline from birth to present or Mr. Karimi's claimed stateless status. The Tribunal considered the possibility that Mr. Karimi was an Iranian citizen, which would be consistent with his ability to depart Iran and access services, and would also explain his failure to seek documentation from the Iranian embassy. The lack of documentary evidence regarding his birth, schooling, work history, or departure from Iran prior to his arrival in Australia, and his admission that he did not know if his family possessed verifiable documentation, further undermined his claims.

The Tribunal affirmed the delegate's decision to refuse the application for Australian citizenship, finding that Mr. Karimi had not satisfied the identity requirements under section 24 of the *Australian Citizenship Act 2007*.