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

This matter concerned an application for Australian citizenship by conferral by Mr Amjad, who was seeking to challenge the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to refuse his application. The dispute centred on whether Mr Amjad met the good character requirement for citizenship, stemming from domestic violence incidents in 2015 for which he was placed on a good behaviour bond. The case was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether Mr Amjad satisfied the good character requirement under paragraph 21(2)(h) of the Australian Citizenship Act 1948 (Cth). This required the Tribunal to consider the seriousness of his past offending, the presence of victims, and whether he had disclosed these offences in his citizenship application, in accordance with the Citizenship Policy and Australian Citizenship Procedural Instructions.

The Tribunal considered evidence of Mr Amjad's criminal record, which included charges of contravening a prohibition or restriction in an apprehended violence order and common assault, both domestic violence related. While acknowledging that a significant period had passed since the convictions and that Mr Amjad had received positive reports regarding his current behaviour and mental health, the Tribunal found his explanation for not disclosing the convictions in his application to be "extremely concerning." The Tribunal concluded that this lack of disclosure demonstrated no insight into his offending behaviour and no genuine remorse, which weighed heavily against him satisfying the good character requirement. The Tribunal affirmed the decision under review, but noted that this did not preclude Mr Amjad from making a future application.