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

This matter concerned an application for Australian citizenship by conferral by Mr Hamood, a citizen of Iraq, who arrived in Australia in 2011. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused Mr Hamood's application on the grounds that he was not satisfied the applicant was of good character, as required by section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). Mr Hamood sought a review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Hamood was of good character for the purposes of section 21(2)(h) of the Act at the time of the Tribunal's decision. This required the Tribunal to consider all relevant information, including the applicant's criminal convictions, other offences, and any declarations made on official forms, as well as evidence of remorse, rehabilitation, community involvement, and family support.

The Tribunal considered Mr Hamood's criminal history, which included multiple convictions and findings of guilt for various offences, some of which were described as serious. The Tribunal also noted that Mr Hamood had provided incomplete or inaccurate information on citizenship application forms and incoming passenger cards, which weighed against a finding of good character. While the Tribunal acknowledged Mr Hamood's efforts towards rehabilitation, including his marriage, children, employment, and community volunteering, it found that these factors were outweighed by the pattern and recency of his offending behaviour and his apparent lack of full contrition for past actions. The Tribunal applied the principle that the grant of citizenship is a privilege, and that an applicant must demonstrate enduring moral qualities over a sufficient period.

Ultimately, the Tribunal was not satisfied that Mr Hamood was of good character pursuant to section 21(2)(h) of the Act. Consequently, the Tribunal affirmed the delegate's decision to refuse the application for Australian citizenship.