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

The Administrative Appeals Tribunal (the Tribunal) affirmed the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to refuse Mr. Madadi's application for Australian citizenship by conferral. The central dispute concerned whether Mr. Madadi met the 'good character' requirement for citizenship, specifically in light of ongoing criminal proceedings against him at the time of the Tribunal's decision.

The Tribunal was required to determine whether Mr. Madadi was of good character for the purposes of section 21(8)(c) of the *Australian Citizenship Act 2007* (Cth). This involved considering whether the Tribunal was satisfied that Mr. Madadi was of good character, and whether the existence of current proceedings for an offence prevented the approval of his application.

The Tribunal reasoned that the legislative intent behind the good character requirement and the specific restriction on approving citizenship applications where current proceedings exist was to ensure that individuals seeking to become Australian citizens do not pose an unacceptable risk to the community. The Tribunal found that the ongoing criminal proceedings against Mr. Madadi were a significant factor that weighed against a finding of good character. Consequently, the Tribunal affirmed the delegate's decision to refuse the application.