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

This matter concerned an application for citizenship by conferral by Mr. Ghanbar, which was refused by the Minister for Immigration, Citizenship and Multicultural Affairs. The Administrative Appeals Tribunal was tasked with reviewing this refusal. The core of the dispute revolved around Mr. Ghanbar's character, specifically his truthfulness and the disclosure of accurate information to the Department.

The legal issues before the Tribunal were whether Mr. Ghanbar was a person of good character, as required for citizenship by conferral, and whether the Department's decision to refuse his application was correct. This involved assessing the Applicant's history of providing incorrect identity information, his reasons for doing so, and the genuineness of his claimed conversion to Christianity.

The Tribunal affirmed the decision to refuse citizenship. While acknowledging that Mr. Ghanbar had no other relevant wrongdoing in Australia and had settled into Australian life, the Tribunal expressed significant concerns about his truthfulness. The Tribunal was not persuaded that Mr. Ghanbar had genuinely converted to Christianity, suspecting this was a means to bolster his claim for protection. Furthermore, while accepting his fear regarding his brother's mental health issues, the Tribunal was not satisfied that this fear extended to a physical threat that would justify the prolonged reliance on incorrect identity information. The Tribunal concluded that Mr. Ghanbar had the opportunity to reapply for citizenship in the future, once he could demonstrate good character.