FBRB and Minister for Immigration and Border Protection (Citizenship)

The Administrative Appeals Tribunal considered the case of FBRB and the Minister for Immigration and Border Protection concerning an application for citizenship by conferral. The dispute centred on whether FBRB met the "good character" requirement, a crucial element for citizenship by conferral, given his extensive criminal history.

The Tribunal was tasked with determining the legal meaning of "good character" in the context of the Australian Citizenship Act 2007 and whether FBRB's past offending, despite a lack of recent convictions, disqualified him from satisfying this requirement. The Tribunal also had to consider the principles of reviewing discretionary powers and the application of departmental policy, as guided by previous case law.

The Tribunal applied the ordinary meaning of "good character" as referring to enduring moral qualities, rather than mere reputation, as established in *Irving v Minister for Immigration, Local Government and Ethnic Affairs*. It acknowledged FBRB's significant criminal history, spanning from 1983 to 2007, which included serious offences such as causing bodily harm by dangerous driving and aggravated burglary, often linked to substance abuse. However, the Tribunal also took into account FBRB's evidence regarding his challenging upbringing, his efforts at rehabilitation, including participation in programs and employment, and the fact that his offending had ceased. The Tribunal concluded that, in light of his demonstrated rehabilitation and the Australian community's general support for individuals who overcome significant personal challenges, FBRB could be considered of good character at the present time.

Consequently, the Tribunal set aside the decision under review and remitted the application to the Respondent with a direction that FBRB satisfies the good character requirement under section 21(2)(h) of the Australian Citizenship Act 2007.