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

This matter concerned an application for Australian citizenship by conferral made by GFYX, which had been refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on the grounds that GFYX was not of good character. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether GFYX met the eligibility criterion of being of good character at the time of the Minister's decision.

The central legal issue before the Tribunal was the interpretation and application of the "good character" requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). As the Act does not define "good character," the Tribunal considered guidance provided by the Citizenship Policy, which emphasizes a case-by-case assessment of an applicant's merits, looking at what they say and do, and their respect for Australian values such as loyalty, belief in democratic government, respect for rights and liberties, and obedience to the law. The Tribunal also had regard to evidence of GFYX's past offending, specifically an indecent and unlawful assault on a minor in 2012, for which he was convicted and fined.

The Tribunal reasoned that while GFYX's offending was serious and involved unlawful sexual activity against a minor, it was at the lower end of the spectrum, as indicated by the penalty imposed by the Magistrate. The Tribunal placed significant weight on the fact that GFYX had not offended since, had maintained steady employment, contributed to the community through volunteering, received positive character references, had married and was starting a family, and that sufficient time had passed since the offending. Crucially, the Tribunal found that GFYX's testimony and written statements demonstrated insight, remorse, contrition, and regret for his actions, indicating reform and a present good character.

Accordingly, the Tribunal set aside the Delegate's decision to refuse GFYX's application for Australian citizenship by conferral. The matter was remitted to the Minister for reconsideration, with a direction from the Tribunal that GFYX is a person of good character for the purposes of the Act.