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

This matter concerned an application for citizenship by descent made by Dr Wilkinson. The dispute arose because the applicant, who was adopted, sought to establish that a parent was an Australian citizen at the time of his birth. The decision was made by Dr L Bygrave, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant met the requirements for Australian citizenship by descent under section 16 of the *Citizenship Act*, specifically concerning the identity of a "parent" at the time of the applicant's birth, and whether adoption laws could alter the factual circumstances at the time of birth for the purposes of this section.

The Tribunal had regard to the Full Federal Court's decision in *H v Minister for Immigration and Citizenship*, which established that the word "parent" in section 16(2) of the *Citizenship Act* should be interpreted in its ordinary contemporary English usage, not limited to biological parents, and that legislative history supported this broader interpretation. The Tribunal also considered *Koka v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs*, which affirmed that section 16(2)(a) focuses on the factual situation at the time of birth, rather than the operation of adoption laws or any deeming effect they might have on legal status. Applying these principles, the Tribunal found that Dr Wilkinson did not meet the requirements for citizenship by descent.

The decision under review was affirmed.