Khanum and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The applicant, Ms. Khanum, sought Australian citizenship. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs opposed the application, arguing that the applicant was not of good character. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether it was satisfied that the applicant was of good character for the purposes of the *Australian Citizenship Act 2007* (Cth).

The central legal issue before the Tribunal was whether the applicant's prolonged maintenance of a fraudulent identity, including providing false information to the Department of Immigration and Border Protection over approximately 12 years, demonstrated a lack of good character. This involved assessing the applicant's explanations for her deception, her expressions of remorse, and the steps she had taken, or failed to take, to rectify her false claims. The Tribunal also considered whether any medical or psychological conditions presented by the applicant excused her conduct or mitigated concerns about her moral character.

The Tribunal found that the applicant had intentionally maintained a fraudulent identity for approximately 12 years, including in official documents and statements where she declared the information to be true and correct. Her explanations for this deception, primarily related to safety concerns about returning to Pakistan, were not accepted as persuasive, particularly given her multiple extended return visits to Pakistan and her continued use of the false identity even after obtaining permanent residency. The Tribunal noted that the applicant only disclosed her true identity after the Department discovered her deception. Furthermore, the Tribunal found that her expressions of remorse were diminished by her continued misconduct, including the submission of a Pakistani police clearance report obtained with a bribe, and her failure to take meaningful steps to correct her identity in the community. The Tribunal concluded that the applicant's conduct reflected adversely on her enduring moral qualities and that insufficient time had elapsed since she disclosed her true identity to consider her of good character. Consequently, the Tribunal affirmed the decision that the applicant was not of good character.