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

This matter concerned an application for Australian citizenship by conferral by Mr Hasan, which was refused by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant sought review of this decision before the Administrative Appeals Tribunal. The sole issue for determination was whether Mr Hasan satisfied the good character requirement under paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth).

The Tribunal was required to determine if Mr Hasan was of good character, considering a domestic violence conviction for common assault that occurred on 1 October 2015. Mr Hasan had been found guilty of two counts of common assault in the Wollongong Local Court on 11 February 2016 and discharged on good behaviour bonds. The offending involved his niece and daughter-in-law, Ms W, and a physical and verbal altercation during which Mr Hasan slapped Ms W twice. Crucially, Mr Hasan failed to disclose this conviction in his citizenship application when asked if he had ever been convicted or found guilty of any offence.

The Tribunal reasoned that it could not look behind the conviction itself, as established in *Minister for Immigration and Multicultural Affairs v SRT*, and must accept the verdicts of Australian courts and the essential factual findings supporting them. While Mr Hasan was permitted to raise matters related to the offence, the Tribunal could not contradict the conviction or its factual basis. The Tribunal found Mr Hasan's explanation for not disclosing the conviction – that he understood the question to refer only to "big crimes" – lacked credibility. Furthermore, his explanation for the redness observed on Ms W's face, attributing it to her sensitivity rather than the assault, was also found to lack credibility.

Consequently, the Tribunal found that Mr Hasan did not meet the character requirements under paragraph 21(2)(h) of the *Australian Citizenship Act 2007* at the time of its decision. The reviewable decision, which was the delegate's refusal of Mr Hasan's application for Australian citizenship by conferral, was affirmed.