citizenship cancellation

In the case of Jamishi and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship) [2023] AATA 3094, the Department decided to cancel a citizenship approval. The citizenship cancellation was appealed to Administrative Appeals Tribunal (AAT) and the decision was ultimately overturned. 


In December 2021, an applicant’s long-awaited dream of Australian citizenship approval was realized. However, just a year later, in December 2022, a delegate of the Minister sought to cancel this approval under s 25 of the Australian Citizenship Act. This section empowers authorities to revoke citizenship approval under specific circumstances, including the question of ‘good character‘. This is possible even after the citizenship is approved, as long as the applicant had not completed his pledge of commitment. 

The Minister’s case that the applicant was not a person of good character revolved around two major factors. First, the assertion that the applicant had provided false information during a citizenship test, particularly regarding an intervention order. Second, there were intervention orders in place against the applicant based on allegations of physical and emotional abuse. The Minister argued that these events demonstrated a character misaligned with the standards expected for citizenship approval.


The AAT was responsible for reviewing the citizenship cancellation decision and was tasked with evaluating ‘good character’ based on those 2 major allegations. It found no conclusive evidence to support the Minister’s case. The false information might have resulted from a language barrier, and the intervention orders, while granted, were made by consent without admissions of guilt. The AAT determined that they are not sufficient to reflect an absence of the applicant’s enduring moral qualities. 


Despite these adverse events, the AAT concluded that the applicant’s character remained untarnished. It held that it is not a matter of reputation or other’s feelings towards the applicant. This case is of significant because it highlights the importance of an intervention order that was entered into by consent and without any admission of guilt. This meant the AAT was unable to use these alleged conduct against the applicant to lead to a decision of citizenship cancellation. 

Contact us to find out more.

    Tell us about your issue, we are here to help you

    Our expert lawyers who will help you

    ivy luo

    Ivy Luo

    Graduate Solicitor
    adelewan solicitor

    Adele Wan

    Head of Immigration | Solicitor (Partner)

    Need to consult with us? Book an appointment today.

    Our team will give you expert advice that has been specifically tailored to your case.

    Successful Cases

    Related news

    482 and 186 Visa Changes
    186 Visa 482 Visa Work Visa

    IMPORTANT: 482 and 186 Visa Changes

    2023/11/30 | Adele Wan
    On November 25, 2023, significant changes were implemented in the Employer Sponsored migration pathways – subclass 482 visa and subclass...
    visa cancelled
    Character Requirement Criminal Record

    Visa cancelled due to sexual crime

    2023/10/25 | Adele Wan
    In the case of Smith and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2023] AATA 3063, the...
    closure of covid visa
    Visa Expire Work Visa

    ANNOUNCEMENT: Closure of COVID visa (subclass 408)

    2023/08/31 | Adele Wan
    On 31/08/2023, the Department announced the closure of the COVID visa (subclass 408). The Department of Home Affairs has finally...

    How we will help

    Free Assessment

    Fill in the questionnaire here and we will call you for an obligation-free assessment. During this phone call we will run through your initial concerns and needs and book in a time for a more detailed consultation.


    Our consultation session runs for 30 minutes which will allow us to present to you a detailed strategy to meet the concerns and needs you presented to us in our initial phone call.

    Our fee is $150 + GST for a 30 minute session. You can book in a consultation by calling us, emailing us or filling in the Contact Us form.

    Settling the strategy and getting started

    At the consultation, we will generally present to you a few selections of the best strategies.

    We will also balance the time required, costs and difficulty so that you can choose the strategy you are most comfortable with.

    Then we will handle everything on your behalf.

      Tell us about your issue, we are here to help you

        Subscribe to our Newsletter

        You will receive the latest immigration news and policy updates. You will also get the notification of
        our upcoming webinars & events