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

This matter concerned an application for Australian citizenship by conferral by Mr Durrani, a citizen of Pakistan, against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The central dispute revolved around whether Mr Durrani was a person of good character, as required by paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal was tasked with determining this issue.

The legal issue before the Tribunal was whether Mr Durrani satisfied the good character requirement for citizenship, specifically in light of a common assault offence for which he received a conditional release order without conviction and was subject to a domestic violence order. The Tribunal was required to consider the nature and seriousness of the offence, the time elapsed since the offending, any remorse or rehabilitation, and other relevant character factors such as family life and employment, in accordance with the *Australian Citizenship [Policy Statement]* and *Citizenship Procedural Instruction 15*.

The Tribunal reasoned that while domestic violence is unacceptable, Mr Durrani's offending occurred on a single occasion over two and a half years prior to the hearing and was out of character, supported by credible evidence from his former wife and referees. The Tribunal noted that the conditional release order without conviction indicated the offence was at the lower end of seriousness and appeared to take into account the specific circumstances, including Mr Durrani's attempt to de-escalate the situation. Weighing all relevant factors, the Tribunal found that Mr Durrani satisfied the good character requirement.

Consequently, the Tribunal set aside the Minister's decision and remitted the matter to the Minister for reconsideration, with a direction that Mr Durrani satisfies the good character requirement under paragraph 21(2)(h) of the Act.