Kazemy and Minister for Home Affairs (Citizenship)

The applicant, Mr Kazemy, sought review of a decision by the Minister for Home Affairs to refuse his application for Australian citizenship. The delegate had been unsatisfied that Mr Kazemy was of good character, as required by section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth), due to a prior conviction for behaving in an offensive manner in a public place. The Administrative Appeals Tribunal affirmed the delegate's decision.

The Tribunal was required to determine whether Mr Kazemy met the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth), notwithstanding his prior conviction. This involved assessing the applicant's credibility and the significance of the offence in the context of the citizenship application.

The Tribunal found that Mr Kazemy's oral evidence regarding the circumstances of his conviction was inconsistent with contemporaneous police evidence. This inconsistency led the Tribunal to conclude that the applicant had not been truthful in his account of the events. The Tribunal considered the nature of the offence and the applicant's lack of candour in addressing it, ultimately finding that he had not demonstrated that he was of good character for the purposes of the Act. The Tribunal affirmed the reviewable decision.