Su and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by descent by Ms Enji (Hope) Su, with Ms Alexandra Jagelman identified as her Australian citizen parent. The central dispute revolved around whether Ms Jagelman was considered Ms Su's parent "at the time of the birth" as required by paragraph 16(2)(a) of the relevant Act. The Administrative Appeals Tribunal (AAT) was tasked with determining this crucial question.

The legal issue before the Tribunal was the interpretation of the phrase "at the time of the birth." Specifically, the Tribunal had to decide whether this phrase referred to a precise physical or medical moment of birth, or if it encompassed a broader psycho-social aspect of the parent-child relationship. This involved considering whether the ordinary meaning of "birth" or a more technical interpretation should apply, and whether the established facts fell within the statutory provision as properly construed.

The Tribunal considered evidence including Ms Su's birth certificate, hospital discharge verification, a certificate detailing the circumstances of her birth and the decision of her biological parents to give her away to an "adoptor" (which could also mean foster parent or caregiver), and notarial and household register documents from China. The Tribunal relied on the Full Federal Court's decision in *H v Minister for Immigration and Citizenship* regarding the meaning of "parent" and the principles for determining questions of fact and law. Weighing all the evidence, the Tribunal was satisfied that Ms Jagelman was an Australian citizen at the time of Ms Su's birth, fulfilling the statutory requirement.

Consequently, the Tribunal set aside the delegate's decision to refuse Ms Su's application for Australian citizenship and remitted the matter to the Respondent for reconsideration, with the direction that Ms Jagelman was an Australian citizen at the time of Ms Su's birth.