2019 Statelessness & Citizenship Review 1(1) approaching the government to make an application unpalatable (or even dangerous) to a risk-averse applicant. 51 The AAT did not discuss in detail the effect of the applicant’s mother’s testimony concerning her treatment at the hands of the authorities, so it remains to be seen whether, in conditions of practical openness to applications, the oppressive nature of a government more generally can affect the ‘reasonable steps’ test. C Role of the Registrar-General The Registrar-General had the power to register the births of persons overseas and provide them with a birth certificate under s 5(2) of the Births and Deaths Registration (General) Regulations 1988. 52 The respondent argued that registration through the Canberra embassy should have been attempted again. 53 The AAT did not require the applicant to attempt this course of action, 54 and accepted the applicant’s mother’s assertion that the Registrar-General’s previous attitude indicated that ‘the application would be lost in the labyrinth of the Central Registry office’. 55 The Registrar-General’s actions, being in contradiction with the implied procedural requirements of s 37, 56 rendered it impossible for the applicant to register her birth. This indicates that an applicant will not be required to repeatedly attempt to comply with foreign citizenship requirements when the relevant administration consistently renders such attempts futile. VI CONCLUSION Deputy President McCabe confined this decision to its ‘unusual circumstances’, 57 and noted the time pressures acting on him with the applicant being in a particularly vulnerable position as a stateless person residing in South Africa. 58 The applicant has since been issued with an Australian passport and the remaining family members are now seeking to regularise their Zimbabwean passports. Given this was an AAT — and not a Federal Court — decision, it is unclear whether the respondent will treat this decision as one specific to its own facts or be guided by it as a general approach to the application of s 21(8). The decision in Re DLSV reinforces the approach taken in Re KKRG and Re AP that obstructionist behaviour by foreign governments will not adversely affect s 21(8) applicants, so long as these applicants have taken reasonable steps to acquire a foreign citizenship. This means consideration must be given not only to the steps taken to fulfil the requirements set out by foreign governments, but also to the 51 52 53 54 55 56 57 58 See Human Rights Watch, World Report (Report, 2019) 671–74; Jason Burke, ‘Zimbabwe Crackdown Could Last Months, Activists Fear’ The Guardian (Harare, 27 January 2019) <www.theguardian.com/world/2019/jan/27/zimbabwe-crackdown-will-continue-forforseeable-future-activists-fear>. (Zimbabwe); Re DLSV (n 2) [28]. Re DLSV (n 2) [27]. ibid [52]. ibid [34]. ibid [39]. ibid [57]. ibid. 182