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

This matter concerned an application for Australian citizenship by conferral made by Mr Fatehi. The Minister for Immigration, Citizenship and Multicultural Affairs had refused the application on the grounds that Mr Fatehi was not a person of good character, as required by paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal (the Tribunal) was required to review this decision.

The primary legal issue before the Tribunal was whether Mr Fatehi was a person of good character, having regard to the information he provided to the Department, including alleged false or misleading statements concerning his time in Evin prison. The Tribunal also considered extensive medical evidence regarding Mr Fatehi's cognitive and speech impairments resulting from a cerebral haemorrhage and subsequent surgery.

The Tribunal considered the medical evidence from Dr Dowla, who opined that Mr Fatehi suffered significant intracerebral pathology, including mild aphasia and memory disturbances, which accounted for mistakes in comprehension, speech, and writing. Dr Dowla explained that Mr Fatehi's condition, resulting from a severe bleed at a younger age, indicated substantial loss of function, particularly in speech. The Tribunal also noted that Mr Fatehi had a history of trauma, including torture in Evin prison, and had previously been found to be owed refugee protection. It found that it was unreasonable to expect Mr Fatehi to recall specific details of traumatic events with the same precision as others, and that his inability to recall certain dates or specifics did not indicate dishonesty or deliberate withholding of information, but rather was a consequence of his trauma and medical condition. The Tribunal also considered positive character references provided by Mr Fatehi's pastor and friends.

The Tribunal set aside the decision under review and remitted the matter with a direction that Mr Fatehi is a person of good character and satisfies paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth).