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

This matter concerned an application for Australian citizenship by conferral under section 24 of the *Australian Citizenship Act 2007* (Cth). The applicant, Ms Drysdale, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse her application. The central dispute revolved around whether Ms Drysdale was a person of good character, as required by section 21(2)(h) of the Act.

The court was required to determine whether the applicant satisfied the good character requirement for citizenship. This involved assessing the weight to be given to her past criminal convictions, including serious drug offences and a domestic violence breach, against evidence of her subsequent rehabilitation, remorse, and positive contributions to the community. The court also had to consider the applicant's disclosure of her traffic history and any potential cognitive impairments affecting her ability to recall past events accurately.

The court reasoned that while the applicant's drug convictions were serious and weighed against a finding of good character, other factors indicated a significant reformation. The domestic violence breach was considered a one-off incident occurring two decades prior, in the context of her being a victim of her ex-partner's campaign of violence. The court accepted that the applicant had demonstrated genuine remorse and insight into her past conduct, had lived a law-abiding life since her release from custody, and was actively involved in Narcotics Anonymous and volunteer work. The court found the applicant to be a credible witness, not intentionally deceptive, but potentially suffering from memory issues due to past drug abuse. Ultimately, the court concluded that the assessment of good character is primarily a contemporaneous exercise, and the applicant now presented as a person of good character.

The decision under review was set aside, and the matter was remitted to the Respondent with a direction that the Applicant satisfies the requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth).