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

This matter concerned an application for Australian citizenship by conferral, brought by Mr Alam against the Minister for Immigration, Citizenship and Multicultural Affairs. The central dispute revolved around whether Mr Alam possessed the requisite "good character" as stipulated by paragraph 21(2)(h) of the relevant Act. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Minister's decision.

The primary legal issue before the Tribunal was to determine the meaning and application of the "good character" requirement for citizenship by conferral. This involved considering the guidance provided by Citizenship Procedural Instruction 15 (CPI 15) and the Australian Citizenship Policy Statement, which came into effect on 27 November 2020. The Tribunal had to ascertain how these policy documents, while not strictly binding, should inform the interpretation of the Act, particularly in light of established case law.

The Tribunal reasoned that the term "good character" should be understood in its ordinary sense, referring to a person's enduring moral qualities rather than their community standing. This assessment involves evaluating characteristics demonstrated over time, the ability to distinguish right from wrong, and ethical behaviour consistent with Australian values. The Tribunal acknowledged that the grant of citizenship is a privilege, and the assessment of good character is a function of the state deciding who to admit as fellow citizens, not a punitive measure. While policy guidance is important, it must be applied flexibly, considering all relevant factors, including expressions of remorse and the passage of time since any past wrongdoing.

Ultimately, the Tribunal affirmed the decision under review. The applicant was advised that he could reapply for Australian citizenship at any time.