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

The Administrative Appeals Tribunal considered an application for Australian citizenship by descent made by Mr Martin Korokan, a citizen of Papua New Guinea. The delegate had refused the application, finding that Mr Korokan had not established that either of his parents was an Australian citizen at the time of his birth, nor had the delegate been satisfied of Mr Korokan's identity. Mr Korokan contended that his parents were Australian citizens by virtue of being born in the Territory of Papua, and he provided extensive documentation and oral evidence regarding his identity and his parents' circumstances.

The primary legal issue before the Tribunal was whether Mr Korokan qualified for Australian citizenship by descent. This required determining whether his parents were Australian citizens at the time of his birth, which in turn depended on their place of birth and their citizenship status in relation to the constitutional history of Papua New Guinea and its transition to independence. A secondary issue, which became moot, concerned the satisfaction of the delegate regarding Mr Korokan's identity.

The Tribunal's reasoning focused on the constitutional history of Papua New Guinea. It noted that the Territory of Papua became an Australian territory in 1906 and was administered under the Papua Act 1905. However, the Territory of New Guinea was a separate Trust Territory. The Tribunal found, based on the evidence and historical context, that Mr Korokan's parents were not born in the Territory of Papua, but rather in the Territory of New Guinea. Crucially, they became citizens of Papua New Guinea at the time of its independence. As Mr Korokan was born after Papua New Guinea's independence, and his parents were not Australian citizens at the time of his birth, his application for citizenship by descent failed. The Tribunal therefore affirmed the delegate's decision, finding it unnecessary to consider the issue of Mr Korokan's identity.