A remarkable case currently unfolding in Australia highlights a fascinating reality of immigration law: citizenship is not always determined by DNA alone.
A 22-year-old man from Albania, Kristi Xhafer, has been pursuing Australian citizenship by descent, even though genetic testing confirmed he is not biologically related to the Australian man he believed to be his father.
Yet despite the DNA results, a tribunal has indicated that he may still qualify.
The Background: A Family Connection Across Continents
Kristi Xhafer was born in 2003 in Ohrid, in what is now North Macedonia. His mother had married Sakir Dzafer, an Australian citizen who travelled regularly between Australia and Europe. For many years, Sakir was believed to be Kristi’s father.
When an application for Australian citizenship by descent was first lodged in 2004, officials rejected it after DNA testing showed there was no biological link between the two. At the time, citizenship authorities typically interpreted the requirement of having an Australian “parent” as meaning a biological parent.
But the story did not end there.
A Shift in the Law
In 2011, a landmark decision by the Federal Court clarified that the word “parent” in Australia’s Citizenship Act should not be limited strictly to biological relationships. Instead, the court ruled that parenthood could include legal and social relationships, depending on the circumstances.
The judges warned that relying solely on genetics could create unfair outcomes — such as a person believing they are an Australian citizen for years, only to discover later through DNA testing that they technically never were.
This broader interpretation opened the door for cases like Kristi’s.
A Second Attempt
Armed with the evolving legal interpretation, Kristi applied again for citizenship in 2024. The Department of Home Affairs rejected the application once more, saying there was insufficient documentary evidence overall to establish the parental relationship.
However, the matter did not stop there. Kristi sought a review from the Administrative Review Tribunal (ART).
After examining the evidence, the tribunal reached an important conclusion.
Despite the lack of genetic connection, there was compelling evidence that Sakir Dzafer supported Kristi’s mother during her pregnancy and maintained a genuine marital relationship with her.
Based on those factors, the tribunal found that Sakir could still be regarded as Kristi’s “parent” at the time of birth in a social and legal sense.
The case has now been sent back to the Minister for reconsideration.
What This Case Reveals About Australian Citizenship Law
For many people, citizenship by descent seems straightforward: if one parent is Australian, the child can usually apply for citizenship.
But this case highlights something many applicants — and even some migration advisers — overlook:
Australian law sometimes recognises parenthood beyond biology.
Decision-makers may consider a range of factors, including:
- Legal marriage or partnership
- Financial and emotional support
- The intention to raise the child
- The social reality of the family relationship
Each case is assessed on its own facts.
Why This Matters for Migration Applicants
Cases involving citizenship by descent, family relationships, and DNA evidence can be complex. When dealing with citizenship or migration matters that involve family relationships, professional guidance can make a significant difference to the outcome.
