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

This case concerned an appeal by an Afghan national, Mr Qurbani, against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' refusal to approve his application for Australian citizenship by conferral. The central dispute revolved around whether the Minister was satisfied of Mr Qurbani's identity, a prerequisite for approving citizenship under section 24(3) of the *Australian Citizenship Act 2007* (Cth). The matter was heard by Ms A E Burke Ao M.

The legal issues before the Tribunal were whether the delegate's decision to refuse the application for citizenship was correct, specifically concerning the satisfaction of the applicant's identity as required by section 24(3) of the Act. This involved determining whether the documentation and evidence provided by the applicant were sufficient to establish his identity, considering the guidance provided in the Australian Citizenship Policy and Citizenship Procedural Instruction 16, which outline an evidence-based approach to identity assessment from birth.

The Tribunal reasoned that the assessment of identity must be an incremental and historical process, not a point-in-time concept, and that it should consider all available pillars of evidence, including documentary evidence, consistency of information over time, and the applicant's life story. The Tribunal noted that the policy acknowledges that applicants may be undocumented and stateless, requiring a heightened focus on their life story and corroboration through credible country information. In this instance, the Tribunal found Mr Qurbani to be a credible and reliable witness whose life story had remained consistent from his initial asylum claim in 2012 to the hearing. The Tribunal concluded that Mr Qurbani had presented a complete identity picture from birth to the present, and that his original statement of claim and subsequent testimony were consistent and credible, despite his lack of formal documentation.

Consequently, the Tribunal was satisfied of Mr Qurbani's identity. The Tribunal set aside the delegate's decision of 15 November 2019, which refused the application for Australian citizenship by conferral, and remitted the matter to the Minister for reconsideration, directing that the Tribunal was satisfied of Mr Qurbani's identity.