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

This matter concerned an application for Australian citizenship by conferral, where the central dispute was whether the applicant satisfied the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The decision was made by Mr S Evans, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant was of good character at the time of the Tribunal's decision, considering her criminal convictions. The Tribunal was required to assess the applicant's criminal offending in its totality to determine if she met the statutory requirement.

The Tribunal considered the applicant's criminal record, which included convictions for stalking/intimidation in 2015 and 2019, affray in 2018, and property damage and contravention of an apprehended violence order in 2019. While the applicant provided context and explanations for her offending, including distress related to threats against her daughter and a relationship breakdown, the Tribunal found that her criminal conduct, viewed in its entirety, did not satisfy the good character requirement. The Tribunal affirmed the delegate's decision.