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

The Administrative Appeals Tribunal considered the application of Mr. Shahzad for Australian citizenship by conferral, following a refusal by the Minister for Immigration, Citizenship and Multicultural Affairs. The Minister's refusal was based on the contention that Mr. Shahzad had not provided a genuine police clearance certificate from Pakistan and therefore did not satisfy the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 2007*.

The primary legal issue before the Tribunal was whether Mr. Shahzad met the character requirements for citizenship, specifically whether the doubts raised by the Minister regarding the authenticity of his Pakistani police clearance certificate were sufficient to preclude him from being considered a person of good character. The Tribunal was required to determine if it could be satisfied of Mr. Shahzad's good character despite the issues with the provided document and whether there were reasonable grounds to dispense with the requirement for a genuine Pakistani police clearance.

Member Henderson reasoned that while the police clearance certificate provided by Mr. Shahzad in 2017 was not verifiable and the applicant had explained the difficulties and costs associated with obtaining one through official channels within the limited timeframe provided by immigration authorities, this did not automatically mean he lacked good character. The Tribunal considered positive evidence of good character, including the applicant's demeanour, his appreciation of Australian values, and character references from individuals who knew him in the community. The Tribunal concluded that Mr. Shahzad had not intentionally provided false information and that there were reasonable grounds to dispense with the requirement for a genuine Pakistani police clearance.

Consequently, the Tribunal set aside the decision to refuse Mr. Shahzad's application. It directed that Mr. Shahzad satisfies the criteria under section 21(2) of the *Australian Citizenship Act 2007* and is eligible to become an Australian citizen, remitting the matter for reconsideration. The Tribunal clarified that the ultimate grant of citizenship remained subject to ministerial discretion under section 24(2) of the Act.