Belkahe and Minister for Home Affairs (Citizenship)

This matter concerned an application for Australian citizenship by the applicant, Mr Belkahe, which was refused by the Minister for Home Affairs. The sole issue before the Administrative Appeals Tribunal was whether the applicant satisfied the requirement under section 21(2)(h) of the *Australian Citizenship Act 1948* (Cth) that he be of "good character". The applicant had a prior conviction for assault occasioning actual bodily harm, a domestic violence offence against his then-partner, for which he received a two-year good behaviour bond.

The Tribunal was required to determine whether the applicant's conviction for a domestic violence offence rendered him not of good character for the purposes of the *Australian Citizenship Act 1948* (Cth). This involved considering the weight to be given to such a conviction in the assessment of good character, the community's attitudes towards domestic violence, and whether the applicant had demonstrated remorse or acceptance of responsibility for his conduct. The Tribunal also had to consider whether the applicant had demonstrated the "enduring moral qualities" associated with good character over a sufficient period.

The Tribunal reasoned that a conviction for a domestic violence offence is fundamentally inconsistent with the standards of behaviour expected by the Australian community, which holds zero tolerance for such crimes. Previous decisions established a presumption that an applicant convicted of domestic violence is not of good character, a presumption that can only be negated by compelling evidence and persuasive reasons. The Tribunal found that the applicant's explanation of the incident, which sought to minimise his responsibility and blame the victim, did not demonstrate the necessary remorse or acceptance of responsibility. Consequently, the Tribunal concluded that the applicant had not demonstrated that he was of good character at the time of the Minister's decision.

The Tribunal affirmed the decision under review, finding that the applicant did not satisfy the good character requirement for citizenship. However, the Tribunal noted that this did not preclude the applicant from making a future application, should he be able to demonstrate the requisite good character over time.