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

This matter concerned an application for review by Ms Zainab Saidi of a decision to refuse her application for Australian citizenship by conferral. The refusal was based on the delegate's dissatisfaction with Ms Saidi's identity and her good character. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether it was satisfied as to Ms Saidi's identity and, if not, whether this prohibited the approval of her citizenship application under section 24(3) of the *Australian Citizenship Act 2007* (Cth).

The Tribunal's reasoning focused on the inconsistencies in the identity information provided by Ms Saidi across various applications. In a 2010 visa application, she was listed as "Zainab Salimi" with a date of birth of 1 January 1994, and described as the eldest daughter of "Gul Bibi Sasimi," an Afghan citizen. However, a marriage certificate from 2011 recorded her date of birth as 11 January 1990. Subsequently, in a 2012 partner visa application, she provided a date of birth of 11 October 1990 and stated she was a Pakistani citizen, claiming she had never been refused a visa to Australia, despite the earlier refusal of the 2010 application. The Tribunal found these discrepancies, particularly regarding her name, date of birth, and nationality, meant it could not be satisfied as to her identity.

Applying section 24(3) of the *Australian Citizenship Act 2007*, the Tribunal held that where an applicant's identity cannot be established to the satisfaction of the Minister (or delegate), the approval of a citizenship application is prohibited. Given the significant and unresolved inconsistencies in the identity documentation and statements provided by Ms Saidi, the Tribunal concluded that it was not satisfied as to her identity. Consequently, the Tribunal affirmed the decision under review, finding that the prohibition under section 24(3) applied.