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

The parties to this matter were the applicants for citizenship by descent and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the eligibility of the applicants, who were legally adopted in the Cook Islands by an Australian citizen, to be granted Australian citizenship. The matter was heard by Theodore Tavoularis SM.

The primary legal issue before the Tribunal was whether the applicants met the requirements of section 19C(2) of the *Australian Citizenship Act 2007* (Cth) to be eligible for citizenship by descent. Specifically, the Tribunal was required to determine if the adoption took place in a "Convention Country" or a "prescribed overseas jurisdiction" as required by section 19C(2)(a), and whether an adoption compliance certificate was in force for the adoption, as required by section 19C(2)(b).

The Tribunal reasoned that the applicants had failed to satisfy the criteria of section 19C(2)(a) because the Cook Islands was neither a "Convention Country" nor a "prescribed overseas jurisdiction" for the purposes of the Act. Furthermore, the applicants had not produced an adoption compliance certificate, failing to meet the requirement of section 19C(2)(b). As these were cumulative requirements, the failure to meet either criterion meant the applicants were not eligible.

Consequently, the Tribunal affirmed the Minister's decision to refuse the applications for citizenship.