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

This matter concerned an application for Australian citizenship by conferral, which was refused by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The refusal was based on the delegate not being satisfied that the applicant was of good character, as required by paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal was tasked with reviewing this decision.

The central legal issue before the Tribunal was whether the applicant possessed the requisite "good character" at the time of the Tribunal's decision. This required an assessment of the applicant's enduring moral qualities, rather than his reputation in the community, drawing on the principles established in *Irving v Minister for Immigration, Local Government and Ethnic Affairs*. The Tribunal considered the applicant's history of multiple driving offences, including drink-driving and driving whilst his licence was suspended, alongside evidence of his reform, community contributions, and family life.

The Tribunal reasoned that while the applicant had demonstrated some positive changes and contributions since his past offending, particularly following the birth of his daughter and his continued employment, his driving record presented significant concerns. Specifically, the Tribunal found the applicant's explanations for his conduct on 26 December 2018, when he was found driving whilst suspended, to be unconvincing and inconsistent with police facts. The Tribunal reiterated that driving offences, especially those involving alcohol, are considered serious matters that impact community safety. On balance, the Tribunal concluded that the applicant had not demonstrated that he was of good character at the time of the decision.

Consequently, the Tribunal affirmed the delegate's decision to refuse the application for Australian citizenship. The applicant was advised that he remained at liberty to lodge another application in the future.