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

This matter concerned an appeal by the Minister for Immigration, Citizenship and Multicultural Affairs against a decision of the Administrative Appeals Tribunal (AAT) that had set aside the Minister's decision to revoke Mr Waraich's Australian citizenship. The Federal Court had previously set aside the AAT's initial decision and remitted the matter for redetermination. The AAT was required to consider whether the Applicant's conduct was contrary to the public interest and whether to exercise the discretionary power to revoke his citizenship.

The primary legal issue before the Tribunal was whether it was contrary to the public interest for the Applicant to remain an Australian citizen, pursuant to section 34(2)(c) of the *Citizenship Act*. This required the Tribunal to assess the seriousness of the Applicant's offending, which included convictions for making false and misleading statements in relation to his applications for visas and citizenship. The Tribunal also had to consider the exercise of the discretionary power under section 34(2) of the Act to revoke citizenship.

The Tribunal found that the Applicant's conduct, which involved a sustained pattern of dishonesty in his interactions with lawful authority, was serious and undermined the administration of the *Migration Act*. The Applicant had provided false declarations over an extended period, including failing to declare changes in his name and migration history, which facilitated his re-entry into Australia and the subsequent grant of citizenship. The Tribunal concluded that these actions were not voluntary disclosures but were revealed through an investigation. The Tribunal determined that the factors weighing in favour of revoking citizenship outweighed those against it.

Accordingly, the Tribunal affirmed the Minister's decision of 9 January 2018 to revoke the Applicant's Australian citizenship pursuant to section 34(2) of the *Citizenship Act*.