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

This matter concerned an application for Australian citizenship by an applicant from Myanmar, which was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Minister's delegate was satisfied of the applicant's identity, as required by section 24(3) of the *Australian Citizenship Act 2007* (Cth). This section mandates that the Minister must not approve a person becoming an Australian citizen unless satisfied of their identity. The Tribunal was also required to consider whether the applicant had failed to exhaust reasonable efforts to obtain identity documents and provide a sufficient life story.

Deputy President Boyle P affirmed the delegate's decision, reasoning that the applicant's identity was not sufficiently established. The Tribunal noted that while identity is not solely dependent on documentary evidence, an applicant may be refused if they fail to pursue reasonably available avenues to secure such evidence, particularly when advised to do so. The applicant's failure to produce source documents and provide a comprehensive life story meant the delegate could not be satisfied of their identity, triggering the prohibition under section 24(3) of the Act. The Tribunal emphasised the significance of establishing identity for the issuance of a Certificate of Australian Citizenship.