2016] The Prevention and Reduction of Statelessness in Australia 475 father, who was thought to be either an Indian or a Bangladeshi national.101 AP and the mother had previously applied for a protection visa, and although unsuccessful, the Department had found AP to be stateless.102 While the Tribunal was satisfied that AP could not acquire Nepalese citizenship, it was not satisfied that he was not entitled to acquire Indian or Bangladeshi citizenship.103 Part of the reasoning was that an alleged defect in acquiring such citizenship (absence of birth registration with the consulate) could be remedied at any time. Importantly ---- and contrary to the Department’s submissions ---- the Tribunal accepted that someone who genuinely had no information about his or her paternity could fall within the terms of s 21(8)(d) of the Citizenship Act, and further that Australian citizenship should not be refused if there was ‘irrefutable evidence that the person had no prospect of satisfying the procedural and administrative citizenship application requirements of the relevant foreign country.’104 The second decision related to a child born in Australia to parents of Cuban descent, who had lost their Cuban citizenship by residing for an extended period outside that country.105 The Tribunal made a number of pertinent observations in relation to s 21(8). First, a decision-maker is only required to consider countries ‘whose citizenship a claimant is potentially entitled to acquire’, not every country in the world.106 Secondly, the relevant temporal aspect is whether the applicant is ‘currently entitled to acquire it’ (not whether it may be possible at some future point in time).107 Thirdly, the focus is on the entitlement to ‘acquire citizenship’, not simply to apply for it.108 In this respect, while someone ‘with an apparent entitlement to acquire the citizenship of another country cannot claim to be not entitled to do so simply because mandatory, but straightforward, evidentiary or procedural steps have not been undertaken’,109 one must not wholly exclude practical considerations 101 Re AP and Minister for Immigration and Border Protection [2014] AATA 706 (29 September 2014) (‘Re AP’). 102 Ibid [2] (Senior Member Taylor). 103 Ibid [62]. 104 Ibid [56]. 105 KKRG and Minister for Immigration and Border Protection [2015] AATA 635 (27 August 2015) (‘KKRG’). 106 Ibid [19] (Deputy President Frost). 107 Ibid [24] (emphasis in original). 108 Ibid [25] (emphasis in original). 109 Ibid [23] (emphasis in original), following the approach in Re AP [2014] AATA 706 (29 September 2014).

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