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

This matter concerned an application for Australian citizenship by conferral made by LHSM, which was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute centred on whether the Minister could be satisfied of LHSM's identity, particularly in light of claims of statelessness and the applicant's status as a Faili Kurd. The case was heard by Chris Puplick AM, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the Minister was reasonably satisfied of LHSM's identity for the purposes of granting citizenship by conferral. This involved considering the meaning of "identity" in this context, the evidentiary requirements for establishing identity, and the application of the relevant Citizenship Policy, which states that the Minister cannot approve an application if identity cannot be satisfactorily ascertained. The Tribunal also had to consider the specific circumstances of Faili Kurds, who have historically faced statelessness and difficulties in obtaining documentation.

The Tribunal's reasoning drew upon previous decisions concerning identity in citizenship cases, notably *Dhayakpa* and *YMPL*. These cases established that identity does not solely depend on producing documents from an established society, and that an applicant may establish their identity to the best of their ability in unusual circumstances. The Tribunal noted that while documentary evidence is important, it is not the sole determinant, and the applicant's ability to present credible evidence regarding their place and date of birth, parentage, life story, and recognition by others is crucial. The Tribunal also considered the challenges of assessing credibility, particularly in remote hearings.

The Tribunal set aside the decision under review. It found that, while LHSM had no primary identity documents and had made limited efforts to obtain them, there was sufficient other evidence to establish critical details of their identity. This evidence, when considered in light of the applicant's background as a Faili Kurd, allowed the Tribunal to be reasonably satisfied of LHSM's identity.