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

This matter concerned an application for citizenship by conferral by an Iraqi national. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had refused the application based on the applicant failing the character test. The applicant sought review of this decision.

The primary legal issue before the court was whether the applicant had failed to satisfy the character test under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). This involved determining whether the applicant had misled government officials in relation to her own nationality, and the alleged statelessness of her husband and daughter, in connection with her application for a protection visa and her citizenship application.

The court found that while the applicant may have been incorrect in asserting her daughter was stateless, this was not done with deliberate dishonesty. Similarly, the court considered that, given the applicant's limited education and her perception of her husband's difficulties in Iran and Iraq, incorrectly alleging he was stateless was not a significant failing. Although the court was satisfied the applicant likely knew her husband was Iraqi, and that misleading government officials is a serious matter, it weighed this against the absence of any other suggestions of bad character or unlawful conduct in Australia. The court concluded that the applicant was of good character.

The court set aside the Minister's decision and remitted the matter to the respondent with a direction that the applicant satisfies section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth).