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

This matter concerned an application for Australian citizenship by conferral, brought by the Applicant, who sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application. The central dispute revolved around whether the Applicant was a person of good character, a requirement under the *Australian Citizenship Act 2007* (Cth). The Applicant had arrived in Australia in 1976 and had been a permanent resident since, with two Australian-born children, and had not left the country. However, he had an extensive criminal history in Victoria.

The primary legal issue before the Tribunal was to determine whether it was satisfied that the Applicant was a person of good character, as mandated by sections 21(2)(h) and 24(1A) of the Act. This assessment required consideration of the Applicant's behaviour over an enduring period, his honesty, truthfulness, and adherence to Australian community standards and laws. A key aspect of this determination involved the Applicant's responses to questions on his citizenship application regarding any criminal convictions or confinement in a psychiatric institution in connection with criminal proceedings, to which he answered "No".

The Tribunal reasoned that the concept of good character requires enduring moral qualities demonstrated throughout the migration and citizenship process, including honesty and truthfulness in dealings with the Australian government. The Citizenship Policy, which the Tribunal applied, specifies that concealment of convictions that could lead to refusal of citizenship is a factor against good character. The Tribunal noted that the questions in the citizenship application regarding criminal history were clear and specific, and the Applicant's declaration in question 39, consenting to a police check and acknowledging its purpose for assessing good character, underscored the importance of accurate disclosure. The Tribunal found the Applicant to be an unsatisfactory witness, noting his illiteracy in both English and his native Arabic, which, while considered, did not excuse his failure to disclose his significant criminal history.

The Tribunal affirmed the Delegate's decision to refuse the application for Australian citizenship by conferral. The Applicant's failure to disclose his extensive criminal history in his application, despite clear questions and declarations to the contrary, was found to be a significant impediment to satisfying the good character requirement.