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

This matter concerned an application for Australian citizenship by conferral made by Mr Haidari. The Minister for Immigration, Citizenship and Multicultural Affairs had refused the application, finding that Mr Haidari was not a person of good character as required by paragraph 21(3)(f) of the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal was required to determine whether Mr Haidari met the good character requirement.

The Tribunal was tasked with assessing Mr Haidari's good character by weighing all relevant factors, including the nature and seriousness of his offending, the time elapsed since any offending, his remorse and rehabilitation, and other personal circumstances such as his family life and employment. This assessment was to be guided by the principles outlined in the Citizenship Policy Statement and Citizenship Procedural Instruction 15, which stipulate that such assessments should not be applied rigidly and require consideration of all information relevant to character.

In its reasoning, the Tribunal found that Mr Haidari had committed three driving-related offences between 2020 and 2021, resulting in fines, a conviction with no penalty, and a driving disqualification. He also incurred four speeding and traffic infringements between 2014 and 2020. The Tribunal characterised these offences as being at the lower end of the sentencing hierarchy and noted that Mr Haidari had attended driving education classes. Crucially, the Tribunal accepted Mr Haidari's evidence, supported by other witnesses, that on six occasions between 2012 and 2020, other individuals were driving his car and were responsible for speeding and traffic offences. The Tribunal also gave significant weight to Mr Haidari's illiteracy, language difficulties, social isolation, and complex medical history, including major depressive disorder and post-traumatic stress disorder, which contributed to his driving difficulties and concerns for his family in Iran.

The Tribunal concluded that, after considering all the relevant circumstances, Mr Haidari satisfied the good character requirement under paragraph 21(3)(f) of the Act. Consequently, the Tribunal set aside the Minister's decision and remitted the matter for reconsideration, with a direction that Mr Haidari meets the good character requirement.