Vani and Minister for Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by descent, where the applicant claimed Aboriginal heritage. The applicant had always remained offshore. The Administrative Appeals Tribunal was asked to review the delegate's decision to refuse citizenship.

The primary legal issue before the Tribunal was whether the applicant satisfied the tripartite test established in *Love v Commonwealth* and *Thoms v Commonwealth*, specifically concerning the recognition of his father as a member of the Gunggandji people as at 16 September 1975. The Tribunal also considered the weight and relevance of the evidence presented by the applicant, including a "Connections" report and documents issued by the Woompera-Muralug Co-Operative Society Limited.

The Tribunal found that the evidence presented did not satisfy the third limb of the tripartite test. The Tribunal noted that the "Connections" report, relied upon by the applicant's representative, did not refer to the applicant or his father, nor did it evidence any matrilineal lineage to the Gunggandji tribe. Furthermore, the Tribunal was not satisfied that the applicant's father was recognised as a member of the Gunggandji people as at 16 September 1975. The Tribunal also noted that the applicant's representative focused on the applicant's grandfather, Moses, and that there was no information suggesting Moses Obah or Tom Moses were born or from Vanuatu.

The Tribunal affirmed the delegate's decision to refuse the applicant Australian citizenship by descent.