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

This matter concerned an application for Australian citizenship by conferral made by the Applicant, an Afghan citizen. The Minister for Immigration, Citizenship and Multicultural Affairs refused the application, determining that the Applicant did not satisfy the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The refusal was based on several grounds, including the provision of five non-genuine Pakistani police clearances, the failure to declare all countries visited or lived in since the age of 18, and non-compliance with a Victorian Civil and Administrative Tribunal (VCAT) order for compensation payment to a former landlord. The Applicant also had a history of minor traffic offences.

The Tribunal was required to determine whether the Applicant was a person of good character, considering the cumulative effect of the issues raised by the Minister. Specifically, the Tribunal had to assess the significance of the provision of fraudulent documents, the accuracy of information provided in the citizenship application, the delay in complying with the VCAT order, and the past traffic offences, in light of the Applicant's overall conduct.

The Tribunal reasoned that the traffic offences, occurring 11 years prior and resolved by fines without a recorded conviction, carried no weight in assessing the Applicant's character. Regarding the Pakistani police clearances, the Tribunal accepted the Applicant's evidence, corroborated by his wife, that he followed the advice of Pakistani authorities in obtaining them and did not knowingly procure fraudulent documents. The Tribunal found that the provision of two genuine Pakistani police certificates, confirming no criminal record, served their purpose of establishing the Applicant's lack of offending in Pakistan. The Tribunal also considered the Applicant's eventual compliance with the VCAT order, albeit delayed, and concluded that when all character-related issues were considered cumulatively, they did not impugn the Applicant's character to the extent that he should not be deemed of good character.

Consequently, the Tribunal set aside the Minister's decision to refuse the application and remitted the matter for reconsideration with a direction that the Applicant is a person of good character and therefore satisfies the requirements of section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth).