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

This matter concerned an application for Australian citizenship by conferral, where the delegate was not satisfied that the applicant was of "good character" at the time of her application. The applicant had prior criminal convictions for driving offences and assault occasioning actual bodily harm, and had failed to declare these offences on her incoming passenger card. The applicant's application was refused on the basis that she did not meet the requirements of s 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal (AAT) reviewed this decision.

The primary legal issue before the Tribunal was whether the applicant met the requirement of being a person of "good character" as stipulated in s 21(2)(h) of the *Australian Citizenship Act 2007* (Cth), notwithstanding her past criminal convictions and the initial failure to declare them. This required an assessment of her enduring moral qualities and her present standing within the community, considering any mitigating factors or extenuating circumstances.

The Tribunal considered government policy, specifically CPI 15, which outlines factors for assessing good character, noting it is not binding but generally applied. The applicant provided evidence regarding the circumstances of her offences, including that the assault conviction involved disciplining her then-minor daughter, and that she was unaware her licence had been suspended for the driving offences. Crucially, the applicant's adult daughter provided evidence confirming the applicant's consistent involvement in her and her siblings' lives, and that the assault was an isolated incident. The Tribunal also heard evidence of the applicant's significant contributions to her community, including her role as a mother figure, her involvement in church activities, and her care for her grandchildren. Furthermore, evidence was presented regarding the applicant's history of domestic abuse and the significant mental stresses she was experiencing at the time of the offences, supported by a medical referral.

On balance, the Tribunal was satisfied that the applicant was a person of good character at the time of the review. Consequently, the reviewable decision to refuse her citizenship application was set aside, and the matter was remitted to the respondent with a finding that the applicant met the good character requirement under s 21(2)(h) of the Act.