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

This matter concerned an application for Australian citizenship by conferral, brought by the applicant, He, against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The central dispute revolved around whether the applicant was a person of good character for the purposes of paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth), given his past possession and supply of prohibited drugs. The decision was made by A Poljak SM.

The court was required to determine the appropriate application of the principles outlined in CPI 15, which guides the assessment of good character, and whether these principles, when applied to the specific facts of the applicant's case, supported a finding of good character. This involved considering the seriousness of the applicant's offending conduct, including the possession and supply of a small quantity of prohibited drugs, the sentencing outcome of a conditional release order without conviction, and any mitigating factors such as remorse, rehabilitation efforts, and positive contributions to the Australian community.

The court reasoned that the principles in CPI 15 should not be applied rigidly. Instead, decision-makers must consider all relevant information, including expressions of genuine remorse, the time elapsed since the offending conduct, and a holistic weighing of factors that may support or detract from a positive character assessment. While acknowledging the seriousness of drug supply, the court accepted that the applicant's offending was at the lower end of the scale given the quantities involved and his lack of a prior criminal record. The court also gave weight to the applicant's efforts towards rehabilitation, his expressed remorse and insight into his actions, and his positive contributions to the Australian community through work, tax payments, and positive relationships.

Consequently, the decision under review was set aside and remitted with a direction that the applicant was of good character and satisfied the requirements of paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth).