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

This matter concerned an application for Australian citizenship by conferral by Mr Rezaei, who claimed to be stateless. The Minister's delegate was satisfied that Mr Rezaei met the age, permanent residency, and general residence requirements for citizenship. However, the delegate was not satisfied of Mr Rezaei's identity, which, pursuant to section 24(3) of the *Australian Citizenship Act 2007* (Cth), prohibited the approval of his application. Mr Rezaei sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it could be satisfied of Mr Rezaei's identity, as required by section 24(3) of the Act. This involved considering the evidence presented by Mr Rezaei, including his own testimony and statements from his sister and friends, against the requirements outlined in the Department of Home Affairs' Australian Citizenship Procedural Instructions (CPIs), particularly CPI 16 concerning the assessment of identity. The Tribunal was required to determine if the evidence provided established Mr Rezaei's identity to the reasonable satisfaction of the Tribunal, having regard to the seriousness of the allegation and the potential consequences of a finding.

The Tribunal considered the "three pillars of identity" outlined in CPI 16: Biometrics, Documents, and Life Story. While biometrics were not a focus, the Tribunal found the "Documents" pillar to be crucial, especially given Mr Rezaei's claim of being a Faili Kurd. Mr Rezaei had not provided any personal documents sourced from Iran, and the authenticity of his parents' registration cards was doubted. Although the Tribunal was persuaded that Mr Rezaei and his sister shared common parents and siblings, this was based on their statements and discrepancies in sibling birthdates, and no supporting documentation from other family members in Iran was provided. The Tribunal noted the absence of common life story documents such as birth certificates, national ID cards, or school records.

Ultimately, the Tribunal concluded that there was insufficient material to satisfy the identity requirement. While the Tribunal accepted that Mr Rezaei and his sister were siblings, it found that the lack of documentary evidence, particularly from his parents and other siblings residing in Iran, meant that Mr Rezaei had not provided sufficient evidence to establish his identity to the required standard. Consequently, the Tribunal affirmed the delegate's decision.