LIAN and Minister for Immigration and Border Protection (Citizenship)

The Administrative Appeals Tribunal (AAT) considered the application of LIAN for Australian citizenship by descent. LIAN, born in Australia to a mother who was an Australian citizen at the time of his birth, sought to establish his Australian citizenship. The Minister for Immigration and Border Protection opposed the application, asserting that LIAN was not an Australian citizen by descent.

The primary legal issue before the Tribunal was whether LIAN met the criteria for citizenship by descent under the *Australian Citizenship Act 1948* (Cth) (the Act) and its associated regulations. Specifically, the Tribunal had to determine if LIAN's mother was an Australian citizen otherwise than by descent at the time of his birth, and if LIAN was born in Australia.

The Tribunal found that LIAN's mother was indeed an Australian citizen otherwise than by descent at the time of his birth. This was based on evidence establishing her birth in Australia and her subsequent acquisition of citizenship through birth, not through descent from a parent who was a citizen. As LIAN was also born in Australia, the Tribunal concluded that he was therefore an Australian citizen by descent under the provisions of the Act. The Tribunal set aside the delegate's decision and substituted a decision that LIAN is an Australian citizen.