Abourbakar Kabamba and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for citizenship by Mr Aboubakar Kabamba, who was seeking to demonstrate he was of good character as required by section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The Minister for Immigration and Border Protection had refused the application, finding that Mr Kabamba did not satisfy the good character requirement due to his previous convictions. The Administrative Appeals Tribunal was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether Mr Kabamba had demonstrated he was of good character, notwithstanding his criminal history. This involved assessing whether any mitigating factors or explanations for his past behaviour outweighed the seriousness of his conduct, particularly in relation to a breach of a police order and incidents involving family violence. The Tribunal was required to consider factors such as the nature of the offences, the time elapsed since they occurred, Mr Kabamba's acceptance of responsibility, remorse, and any extenuating circumstances.

The Tribunal considered evidence of Mr Kabamba's criminal history, which included a breach of a police order on 25 December 2014. This incident involved intoxication, arguments with his partner, Ms Enobie, and aggressive behaviour towards his sister, leading to his arrest and a further police order. Mr Kabamba attributed his behaviour to alcohol and a degree of naivety, stating he returned to Ms Enobie's property to retrieve his belongings. While he claimed to have only opened a window to retrieve his wallet and denied any violence or weapons being present, the police reports indicated a disturbance and verbal aggression. The Tribunal also noted Mr Kabamba's initial denial of previous domestic violence incidents, later recalling an instance where police were called due to his partner breaking things during an argument. Despite attending church regularly and receiving a character reference suggesting he was trying to become a better person, the Tribunal found his evidence regarding rehabilitation services, such as Ruah Mental Health Services, to be vague. Crucially, the Tribunal noted that Mr Kabamba had not undertaken any alcohol-related rehabilitation, despite alcohol appearing to be a contributing factor to his offending.

Ultimately, the Tribunal found that Mr Aboubakar Kabamba had not satisfied the legislative requirement to be of good character. The Tribunal affirmed the Minister's decision to refuse the citizenship application.