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

This matter concerned an application for Australian citizenship by conferral, brought by the Applicant, DXXJ, against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute arose from the delegate's decision to refuse the application based on the Applicant's character. The decision was made by M J McGrowdie SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Applicant satisfied the character requirement for citizenship by conferral under the relevant legislation. This involved assessing whether the Applicant had demonstrated honesty and frankness in his dealings with Australian authorities, particularly in relation to the use of altered documents to obtain a driver's license and the provision of false information at an international airport.

The Tribunal affirmed the delegate's decision, finding that the Applicant had not satisfied the character requirement. The Applicant's explanation that it was common in Iran to be "street smart" when dealing with authorities was not accepted as a mitigating factor. The Tribunal concluded that the Applicant's past conduct demonstrated a lack of integrity in his dealings with government in Australia, despite the opportunity to learn from these experiences. Consequently, the Tribunal affirmed the delegate's decision of 22 April 2020 to refuse the application for Australian Citizenship by conferral pursuant to s 24(1) of the Australian Citizenship Act 2007.