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

This matter concerned an application for Australian citizenship by Mr Bansal, who was seeking to have the Minister for Immigration, Citizenship and Multicultural Affairs' decision reviewed. The core of the dispute revolved around whether Mr Bansal satisfied the "good character" requirement under paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The case was heard by the Hon. John Pascoe AC CVO, Deputy President.

The legal issues before the court were whether Mr Bansal's criminal history, his period of unlawful status in Australia, and his efforts at rehabilitation demonstrated that he met the good character requirement for citizenship. The court was required to consider the applicant's background, his convictions, character references provided, and his own evidence regarding his personal circumstances and attempts at self-improvement.

The Deputy President considered the evidence presented, including Mr Bansal's explanation for his offences, his guilty pleas, and his subsequent efforts to rehabilitate himself, such as seeing a psychiatrist and contacting Relationships Australia. While Mr Bansal did not attend specific domestic violence courses, he asserted a desire to be a better person and stated he was in a good place. The Deputy President also noted Mr Bansal's prolonged period of remaining in Australia without a valid visa, which Mr Bansal accepted was not indicative of good character. However, the Deputy President found Mr Bansal to be honest and sincere in his desire to contribute to the Australian community and that he had made necessary changes to take responsibility for his child's welfare.

Ultimately, the Deputy President determined that the correct and preferable decision was to set aside the decision under review. The matter was remitted to the Respondent for reconsideration with a direction that Mr Bansal met the character requirements of section 21(2)(h) of the Act.