Abdallah and Minister for Immigration and Border Protection (Citizenship)

The Administrative Appeals Tribunal considered an application for citizenship by conferral made by Mr Abdallah, which had been refused by the Minister for Immigration and Border Protection. The refusal was based on the delegate's finding that Mr Abdallah was not of good character, as required by section 21(2)(h) of the *Australian Citizenship Act 1948* (Cth), due to convictions for domestic violence and stalking offences.

The Tribunal was required to determine whether the delegate's conclusion that Mr Abdallah lacked good character was reasonable. This involved assessing the nature and seriousness of the offences in light of the guidance provided by the Department of Immigration and Border Protection's Citizenship Policy and relevant judicial interpretations of "good character." The Tribunal also had to consider evidence presented to it, including character references and a statutory declaration from Mr Abdallah's former wife, which had not been before the original decision-maker.

The Tribunal reasoned that while the applicant had been convicted of serious offences, the evidence before it, particularly the statutory declaration from his ex-wife and numerous character references, indicated that his offending behaviour was not representative of his enduring moral qualities. The Tribunal found that the applicant had demonstrated remorse, a commitment to his children, and a record of compliance with the law since the offences. Applying the ordinary meaning of "good character" as referring to enduring moral qualities and the policy's elaboration on distinguishing right from wrong and conforming to societal values, the Tribunal concluded that the applicant was of good character.

Consequently, the Tribunal set aside the delegate's decision and remitted the matter for reconsideration, directing that the applicant satisfied all the requirements of section 21(2) of the Act.