Abedi and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

This matter concerned an application for citizenship by conferral made by Mr Abedi. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused the application on the grounds that Mr Abedi did not satisfy the character test, specifically due to a breach of a Domestic Violence Protection Order. Mr Abedi sought review of this decision in the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether Mr Abedi satisfied the character requirement for citizenship by conferral, as stipulated in section 21(2)(h) of the *Australian Citizenship Act 2007*. This involved assessing Mr Abedi's enduring moral qualities in light of his history, including the breach of the Protection Order, and considering whether this breach automatically disqualified him from demonstrating good character.

The Tribunal acknowledged that domestic violence is a serious matter and that a history of such behaviour generally indicates a lack of good character. However, it emphasised that a decision-maker must carefully evaluate all presented material and that a breach of a Protection Order does not automatically lead to an adverse character finding. In this instance, the Tribunal took into account Mr Abedi's history of obeying the laws of Iran and Australia, noting the absence of criminal convictions apart from two minor traffic offences. It also considered his employment history, his efforts to find work despite a leg injury, his expressed remorse, his involvement in charitable works, and the lack of independent evidence of physical violence. The Tribunal concluded that these factors, when weighed against the breach of the Protection Order, demonstrated that Mr Abedi satisfied the good character requirement.

Consequently, the Tribunal set aside the Minister's decision and remitted the matter to the Minister with a direction that Mr Abedi satisfies the good character requirement.