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

This matter concerned an application for Australian citizenship by conferral, which was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on character grounds. The applicant appealed this decision to the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had demonstrated "good character" for the purposes of the citizenship application, specifically in light of allegations that the applicant had provided false documentation in an application for registration as a migration agent and had provided "immigration assistance" without being registered as a migration agent.

The Tribunal reasoned that the provision of false or fraudulent information or documentation to any Australian authority, particularly in immigration or citizenship matters, inherently demonstrates a lack of good character. This failure to meet the "good character" test under paragraph 21(2)(h) of the relevant legislation was determinative. The Tribunal noted that the Migration Act 1958 (Cth) establishes a scheme for the registration of migration agents to ensure professional conduct and quality of service, and that providing immigration assistance without registration is a contravention of this scheme. The Tribunal affirmed the decision under review.