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

The Administrative Appeals Tribunal reviewed a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse an application for Australian citizenship by conferral made by QYKW. The core of the dispute concerned whether the Minister could be satisfied of the applicant's identity for the purposes of the *Australian Citizenship Act 2007* (Cth).

The Tribunal was required to determine the meaning of "identity" in the context of an application for citizenship by conferral, and how the Citizenship Procedural Instructions applied to the assessment of identity, particularly for individuals from regions such as Myanmar. The Tribunal also considered the probative value of various documents, including a UNHCR letter, a record of interview conducted upon arrival in Australia, an irregular maritime arrival entry interview, and the Department's decision record for the grant of a protection visa.

The Tribunal reasoned that the applicant's identity had been established for the purposes of citizenship by conferral. It considered the UNHCR letter, which certified the applicant as an asylum seeker from Myanmar with a specific date of birth and included a photograph accepted as being of the applicant. This, along with other documentary evidence, including the Department's own assessment leading to the grant of a protection visa, satisfied the Tribunal that the applicant's identity could be established. The Tribunal concluded that the applicant had cleared the initial hurdle of satisfying the identity requirements under subsection 24(3) of the Act.

The Tribunal set aside the reviewable decision and remitted the matter to the Minister for consideration, with a direction that the applicant satisfies the identity requirements of subsection 24(3) of the *Australian Citizenship Act 2007*.