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

This matter concerned an application for Australian citizenship by conferral, which had been refused on the grounds that the applicant did not satisfy the good character requirement under paragraph 21(2)(h) of the *Australian Citizenship Act 1948* (Cth). The Administrative Appeals Tribunal (AAT) was tasked with reviewing this refusal.

The central legal issue before the Tribunal was the interpretation and application of the "good character" requirement in the context of an applicant with a history of domestic violence. Specifically, the Tribunal had to determine whether the applicant's past offending, coupled with his subsequent conduct and evidence of rehabilitation, demonstrated that he was a person of good character for the purposes of citizenship.

The Tribunal acknowledged that domestic violence is unacceptable and reflects adversely on an applicant's character. However, it also recognised that there are degrees of severity and culpability in offending behaviour, and that extenuating circumstances or other relevant matters can be taken into account when assessing good character. The Tribunal found that the applicant had demonstrated genuine remorse for his actions, a more mature appreciation of his responsibility, and had taken steps towards rehabilitation, including anger management courses and positive community involvement. The Tribunal was not persuaded by the respondent's submissions regarding the applicant's alleged lack of insight, finding instead that the applicant had shown a developed understanding of his past conduct. The Tribunal concluded that the applicant satisfied the good character requirement.

Consequently, the Tribunal set aside the original decision and remitted the matter for reconsideration with a direction that the applicant satisfies the good character requirement under paragraph 21(2)(h) of the Act. The Tribunal noted that all other legislative criteria for citizenship by conferral had already been met.