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

This matter concerned an application for Australian citizenship by conferral made by Mr Aljobori, a national of Iraq and a humanitarian visa holder. The dispute centred on whether Mr Aljobori was of good character, a prerequisite for citizenship. The decision was made by Dr Stewart Fenwick, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether Mr Aljobori met the legislative requirement of being of good character. This involved assessing the significance of a past incident involving disruption on an aircraft, and whether Mr Aljobori had been truthful and open in his dealings with Australian immigration authorities regarding this incident and his subsequent travel history.

The Tribunal found that while the incident in question occurred two decades prior and was the only matter of concern, Mr Aljobori had failed to demonstrate the moral qualities expected for Australian citizenship. This failure stemmed from his lack of openness and honesty with Australian government representatives, particularly concerning his conduct in September 2000 and his subsequent travel history. The Tribunal concluded that this lack of candour, despite the passage of time and other mitigating factors, meant he had not displayed the necessary enduring moral qualities.

Consequently, the Tribunal affirmed the decision under review, meaning Mr Aljobori's application for citizenship by conferral was not granted on the grounds of not being of good character.