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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse the conferral of Australian citizenship to Ms Tayiba Merzaei. The refusal was based on the delegate's dissatisfaction with the applicant's identity, as required by section 24(3) of the *Australian Citizenship Act 2007* (Cth). The applicant had arrived in Australia as an irregular maritime arrival in 2010 and subsequently applied for citizenship in 2014, identifying herself as Tayiba Merzaei, born on 20 July 1996 in Kabul, Afghanistan.

The Administrative Appeals Tribunal was required to determine whether it was satisfied of the applicant's identity. This involved considering significant discrepancies in the documentation and information provided by the applicant and her family across various applications, including a previous Global Special Humanitarian visa application lodged in Iran in 2003, where the applicant was listed as Tayebeh Khateri, born on 1 January 1995. The Tribunal also considered evidence presented in a concurrent review of the applicant's father's citizenship refusal, which also stemmed from identity concerns.

The Tribunal noted that while each application must be considered on its merits, and the sins of a parent should not necessarily be visited upon a child, the weight to be given to documents obtained after the applicant's arrival in Australia, such as her Titre de Voyage and learner's permit, was limited in establishing her identity. The core issue was the lack of sufficient primary documentation to positively ascertain the applicant's identity, particularly in light of the conflicting information presented in earlier visa applications. The Tribunal acknowledged the applicant's explanation regarding the lack of surnames in Afghanistan and the adoption of one in the detention centre, but this did not resolve the fundamental identity concerns.

The Tribunal affirmed the decision to refuse the conferral of Australian citizenship, finding that it was not satisfied of the applicant's identity for the purposes of section 24(3) of the *Australian Citizenship Act 2007*.