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

This matter concerned an application for Australian citizenship by Mr Enci (Josiah) Su, with the dispute centering on whether his parent, Ms Alexandra Jagelman, was an Australian citizen at the time of his birth. The Administrative Appeals Tribunal was tasked with determining this issue.

The primary legal question before the Tribunal was the interpretation of the phrase "at the time of birth" as it appeared in paragraph 16(2)(a) of the relevant Act. Specifically, the Tribunal had to decide whether this phrase referred to the precise moment of birth or encompassed a reasonable period following birth, in circumstances where the applicant's claimed parent had taken him into her care shortly after his birth.

The Tribunal considered submissions from both parties regarding the statutory interpretation of "at the time of birth." The Respondent argued for a literal interpretation, defining it as the exact moment a child is born. In contrast, the Applicant contended for a broader interpretation, suggesting it included a reasonable time after birth, particularly given the circumstances of abandonment by the biological parents and the prompt assumption of care by Ms Jagelman. Ultimately, the Tribunal found that Ms Jagelman was an Australian citizen at the time of Mr Su's birth, satisfying the requirements of section 16 of the Act.

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