Pathan and Minister for Immigration and Border Protection (Citizenship)

Mr Pathan, a citizen of Bangladesh, applied for Australian citizenship by conferral. The Minister for Immigration and Border Protection refused his application on the grounds that he was not of good character, as required by section 21(2)(f) of the *Australian Citizenship Act 2007* (Cth). Mr Pathan had previously been convicted of knowingly producing a false or misleading document in 2011, in circumstances where he submitted an altered employment reference letter to support a visa application. He also committed a traffic offence in 2015. The Administrative Appeals Tribunal was required to determine whether Mr Pathan satisfied the legislative requirement of being of good character at the time of the Minister's decision.

The Tribunal considered the definition of good character as outlined in the *Australian Citizenship Act 2007* and relevant Citizenship Policies. These policies indicate that a person of good character must respect and abide by Australian law, be truthful, and not practise deception in dealings with the Australian Government, including in visa and citizenship applications. The Tribunal noted that providing false information or fraudulent documents constitutes a serious breach of the law and is contrary to community expectations of good character. The assessment of good character requires a holistic consideration of an applicant's behaviour over an enduring period, with significant offences requiring a substantial passage of time before an applicant can be considered of good character.

In applying these principles, the Tribunal found that Mr Pathan's conduct in creating and submitting a false employment reference letter was a serious offence involving fraud and a deliberate disregard for Australian law to advance his own interests. While Mr Pathan expressed remorse and provided character references, the Tribunal concluded that his past behaviour demonstrated a lack of the enduring moral qualities expected of a person of good character. The Tribunal affirmed the delegate's decision to refuse Mr Pathan's application for citizenship.