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

This matter concerned an application for Australian citizenship by conferral made by Mr Hasan. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused the application, finding that Mr Hasan was not of good character as required by section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). Mr Hasan sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Hasan was of good character at the time of the Minister's decision. This required the Tribunal to consider the meaning of "good character" in the context of the Act, and to assess whether Mr Hasan's conduct, including a failure to disclose a criminal conviction and engaging in conduct that led to a complaint to the Australian Health Practitioner Regulation Agency, demonstrated enduring moral qualities consistent with the requirements for Australian citizenship.

The Tribunal applied the principles established in case law and Ministerial policy regarding the assessment of good character. It noted that "good character" refers to a person's enduring moral qualities, their ability to distinguish right from wrong, and their ethical behaviour, rather than their community standing. The Tribunal considered that while character references can be informative, they should acknowledge any relevant offences or incidents and explain why the applicant is nonetheless considered of good character, with statutory declarations carrying more weight. The Tribunal also noted the inherent bias in references submitted by an applicant. The Tribunal was required to make a discretionary value judgment based on the factual circumstances, determining if any deficiencies in Mr Hasan's moral qualities were sufficient to deny him citizenship.

The Tribunal affirmed the decision to refuse Mr Hasan's application for citizenship.