Abdul Ali Alizadeh and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The applicant, Abdul Ali Alizadeh, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for citizenship by conferral. The dispute centred on whether the applicant should be considered a person of good character, a requirement for citizenship by conferral, given his failure to disclose a criminal conviction in his application. The matter was heard by SM M J McGrowdie.

The primary legal issue before the Court was whether the applicant had demonstrated he was a person of good character for the purposes of section 21(8)(c) of the *Australian Citizenship Act 2007* (Cth). This required the Court to consider the applicant's failure to disclose his criminal conviction in his citizenship application and whether this omission rendered him not of good character, notwithstanding any other positive attributes.

SM McGrowdie SM found that the applicant's failure to disclose his criminal conviction in his application was a significant matter that weighed against a finding of good character. However, the Court also considered that the applicant had provided an explanation for this omission and that other aspects of his life, such as his community engagement, were relevant to the assessment of good character. Ultimately, the Court determined that the decision to refuse citizenship had not been made in accordance with the law, as the decision-maker had not adequately considered all relevant factors, including the applicant's explanation and positive attributes. The Court set aside the Minister's decision and remitted the matter to the Minister for redetermination according to law.