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

The Administrative Appeals Tribunal (AAT) considered the citizenship application of WPSQ, an Afghan citizen, who sought Australian citizenship by conferral. The dispute arose because the Minister's delegate was not satisfied that WPSQ was of good character, a requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). This assessment was based on discrepancies in information WPSQ had provided to the Department of Home Affairs regarding his family composition, the names and dates of birth of family members, the existence of siblings in Australia, and his residence and employment in Iran.

The primary legal issue before the Tribunal was whether WPSQ met the "good character" requirement for Australian citizenship at the time of the Tribunal's decision. The Tribunal was required to determine if it was satisfied to a degree of reasonable satisfaction that WPSQ possessed good character, applying the principles established in *Briginshaw v Briginshaw*. The Tribunal also had to consider whether the delegate's decision to refuse the application on character grounds was correct and if the discretion was exercised in a preferable manner.

The Tribunal reasoned that while WPSQ's arrival as an unauthorised maritime arrival did not, in itself, detract from his character, the repeated provision of incorrect information to the Department was a significant concern. WPSQ admitted to providing false information about his family composition and the identity of a child listed on previous visa applications, stating he did so due to illiteracy and advice from others fearing their protection visa applications would be refused. Despite opportunities to correct this information, he did not do so until invited by the Department. The Tribunal found that the admission, correction, and contrition were recent, and the delegate's decision was correct in law, with the discretion exercised in a preferable manner.

Consequently, the Tribunal affirmed the decision under review, refusing WPSQ's application for Australian citizenship by conferral. However, the Tribunal noted that WPSQ was not barred from making a fresh application in the future, provided he was completely honest in all information provided.