Haidari and Minister for Immigration and Border Protection (Citizenship)

The Administrative Appeals Tribunal considered the case of Haidari and the Minister for Immigration and Border Protection concerning the cancellation of citizenship. The applicant, who arrived in Australia as an unauthorised maritime arrival and was granted a Protection Visa, applied for Australian citizenship by conferral. Following approval of his application, an identity interview was conducted where the applicant disclosed obtaining an Australian driver's licence by using a counterfeit Afghan driver's licence procured through friends in Pakistan.

The central legal issue before the Tribunal was whether the applicant was a person of "good character" for the purposes of section 25(2)(b)(iii) of the *Australian Citizenship Act 2007* (Cth), which allows for the cancellation of citizenship approval if the Minister is satisfied the person is not of good character. This required the Tribunal to assess the significance of the applicant's admission of using a fraudulent document to obtain an Australian driver's licence, which he stated was to secure employment and sponsor his family.

The Tribunal reasoned that the applicant's admission of using a counterfeit licence, despite his stated reasons of needing employment and to support his family, demonstrated a lack of good character. The applicant acknowledged that the licence was not genuine and apologised for his actions, explaining he "did mistakes that time" to secure work. The Tribunal found that the deliberate use of a fraudulent document to circumvent licensing requirements, even for employment purposes, was a serious matter that reflected poorly on the applicant's character.

The Tribunal affirmed the decision under review, concluding that the applicant had not satisfied the good character requirement for Australian citizenship.