Mkhwananzi and Minister for Immigration and Border Protection (Citizenship)

The Administrative Appeals Tribunal considered the application of Mr Mkhwananzi, who sought Australian citizenship. His application had been refused by a delegate of the Minister for Immigration and Border Protection on the grounds that the delegate was not satisfied of Mr Mkhwananzi's identity and character. Mr Mkhwananzi had arrived in Australia in 2011 and applied for citizenship in 2015.

The Tribunal was required to determine whether it was satisfied of Mr Mkhwananzi's identity and character for the purposes of section 24(3) and section 21(2)(h) of the *Australian Citizenship Act 1948* (Cth). Specifically, the Tribunal had to consider whether the applicant had provided sufficient documentation to satisfy these requirements, particularly in relation to a full birth certificate and an up-to-date police clearance certificate.

The Tribunal reasoned that the applicant had not produced a certified copy of his birth certificate, despite being given numerous opportunities to do so. It found that the document provided was not a full birth certificate and lacked essential details, such as the names of his parents, preventing the satisfactory ascertainment of his identity. Furthermore, while the applicant's initial police clearances did not raise character concerns, the Tribunal considered that an up-to-date police clearance was necessary given the passage of time since the last certificate was issued, to ensure the applicant had not been the subject of criminal charges in the intervening years. The Tribunal concluded that it was not satisfied of the applicant's identity to the requisite degree.

Consequently, the Tribunal affirmed the decision of the Minister's delegate to refuse the application for citizenship.