Ali and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

The applicant, Ali, sought Australian citizenship by conferral, but her application was refused by the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute centred on whether the applicant was of "good character" as required by section 21(2)(h) of the *Citizenship Act 1948* (Cth). The Administrative Appeals Tribunal (AAT) affirmed the refusal decision.

The legal issues before the court were whether the applicant had demonstrated good character, particularly in light of a criminal conviction for common assault and her failure to declare this conviction in her citizenship application. The court was required to consider the applicant's explanation for not declaring the conviction and her assertions regarding the circumstances of the assault.

The court applied principles established in *HZCP v Minister for Immigration and Border Protection* [2018] FCA 1803, which distinguish between situations where a conviction is the foundation for a power's exercise and where it is not. In this case, the conviction was not the sole foundation for the power, but the applicant bore a heavy onus to challenge the facts underlying it, which she did not do. The court noted that while the applicant claimed not to understand the process and was allegedly misled by police, she later affirmed the accuracy of the Statement of Material Facts concerning the assault. Despite acknowledging the conviction was for a crime of violence, the court also considered the relatively minor sanction (a fine) and the applicant's age and subsequent period of good conduct. However, the failure to declare the conviction was a significant factor.

The Tribunal affirmed the decision to refuse the applicant's application for Australian citizenship by conferral, finding that she had not satisfied the good character requirement.