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

This matter concerned an application for Australian citizenship by conferral, brought by Mu Mu Khin against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The delegate of the Minister had refused the application on the grounds that they were not satisfied of the applicant's identity, as required by section 24(3) of the *Australian Citizenship Act 2007* (Cth). The applicant, who arrived in Australia in 2011 as a refugee from Myanmar, had provided various identity documents, but a discrepancy in her stated date of birth between an earlier application and her citizenship application led to the delegate's dissatisfaction.

The primary legal issue before the Tribunal was whether the applicant had established her identity to the satisfaction of the delegate, notwithstanding the conflicting dates of birth and the absence of a birth certificate. The Tribunal was required to consider the nature of identity verification in the context of an applicant's life circumstances, particularly when documentary evidence might be limited due to factors such as fleeing conflict and displacement.

The Tribunal reasoned that identity is not a static concept but must be verified incrementally throughout a person's life. It affirmed that identity does not need to be established solely by documentary evidence, especially where an applicant has faced circumstances that prevent the acquisition of such documentation. The Tribunal noted that an application may be refused if an applicant fails to avail themselves of reasonable opportunities to secure evidence of identity. However, in this instance, the Tribunal found that the applicant had provided a consistent and sufficient life story, supported by witness statements and other evidence, and had established her identity to the best of her ability given her circumstances.

Consequently, the Tribunal set aside the delegate's decision and remitted the matter for reconsideration.