Rupawan and Minister for Foreign Affairs

This matter concerned an application for review of a delegate's decision to refuse the applicant, a Malaysian citizen, a Certificate of Identity. The applicant held a bridging visa and had an outstanding application for a protection visa. He sought the Certificate of Identity to enable him to apply for Medicare and a MADEC card, which would facilitate his employment in Australia, as his Malaysian passport had expired and he was unable to obtain a new one from the Malaysian Consulate in Melbourne due to his visa status.

The Tribunal was required to determine whether the applicant met the criteria for the issuance of a Certificate of Identity under section 7(1) of the relevant Determination. Specifically, the court had to consider whether the applicant was about to leave Australia, and if so, whether he was stateless or unable to obtain a valid travel document from Malaysia.

The Tribunal found that the applicant did not satisfy the requirement under section 7(1)(b) of the Determination that he be "about to leave Australia." The applicant had admitted he wished to remain in Australia for a long time and did not want to return to Malaysia, and there was no evidence, such as travel bookings, to suggest he was about to depart. While the Tribunal acknowledged the applicant's difficulty in obtaining a new Malaysian passport, it held this fact to be irrelevant to the determination of his application for a Certificate of Identity, as the primary criterion of intending to leave Australia was not met.

Consequently, the Tribunal affirmed the reviewable decision to refuse the applicant's application for a Certificate of Identity.