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

This matter concerned an application for Australian citizenship by the Applicant, Mr Getachew. The sole issue before the Tribunal was whether the Applicant satisfied the 'good character' requirement stipulated in section 21(2)(h) of the *Australian Citizenship Act 1948* (Cth). The Tribunal affirmed the decision under review.

The legal issue before the Tribunal was to determine whether the Applicant possessed 'good character' for the purposes of the Act. This required an assessment of the Applicant's enduring moral qualities, rather than his reputation within the community. The Tribunal was tasked with exercising a value judgment, as there are no precise parameters defining 'good character'.

The Tribunal considered the meaning of 'good character' as expounded in Federal Court jurisprudence, particularly the decision in *Irving v Minister for Immigration, Local Government and Ethnic Affairs*. This established that 'good character' refers to a person's enduring moral qualities, assessed objectively, and not merely their public standing. The Tribunal acknowledged that this is primarily an issue of fact requiring a value judgment by the decision-maker. The Applicant's history, including violent offences and the provision of false information in the context of his citizenship application, was central to this assessment. The Tribunal concluded that the Applicant did not meet the 'good character' requirement. However, the decision noted that this did not preclude the Applicant from making a future application, should he be able to demonstrate that he meets the requirement with the passage of time.