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

The applicant, Ms. Apulu, sought Australian citizenship, but her application was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The refusal was based on the applicant not satisfying the good character requirement under paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The matter came before the Administrative Appeals Tribunal for review.

The primary legal issue before the Tribunal was whether Ms. Apulu was of good character at the time of the Minister's decision, as required by the Act. This involved considering the applicant's criminal history, including convictions for assault and numerous driving offences, as well as her failure to disclose these convictions on her citizenship application. The Tribunal also had to assess the applicant's explanation for her past behaviour and her remorse, or lack thereof, for her offending conduct.

The Tribunal applied the principles outlined in Citizenship Procedural Instruction 15 (CPI15), which guides decision-makers on the good character requirement. CPI15 mandates a holistic assessment of an applicant's behaviour over a lasting period, considering whether they have respected and abided by the law, avoided deception, and not engaged in violent or harmful conduct. The Tribunal noted that departmental policy should be applied unless there are cogent reasons not to. In this instance, the Tribunal found that the applicant's history of convictions, her lack of remorse for some offences, her blaming of victims, and her failure to disclose her criminal history on her application weighed against a finding of good character. While the applicant presented character references and stated she was now on medication and seeing a psychiatrist, the Tribunal concluded that these factors did not sufficiently mitigate the seriousness of her past conduct and the lack of disclosure.

The Tribunal affirmed the decision to refuse the grant of Australian citizenship, finding that the applicant had not satisfied the good character requirement.