Hossain and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by Mr Hossain. The Minister for Immigration and Border Protection had refused the application on the grounds that Mr Hossain was not of good character. The Administrative Appeals Tribunal was required to review this decision.

The primary legal issue before the Tribunal was whether Mr Hossain was of good character for the purposes of the *Australian Citizenship Act 2007* (Cth) at the time of the decision. This required an assessment of his enduring moral qualities, particularly in relation to his adherence to Australian laws and community standards.

The Tribunal found that Mr Hossain had resided in Australia unlawfully for significant periods, totalling almost three years, and had also worked in breach of his visa conditions. He had also incurred substantial costs orders in previous court proceedings which he only arranged to repay after applying for citizenship. While acknowledging Mr Hossain's community involvement and his subsequent period of lawful residence and employment, the Tribunal concluded that his past conduct demonstrated a disregard for Australian law and court processes. Applying the principles outlined in the Citizenship Policy, which emphasises respect for and abiding by the law as a key characteristic of good character, the Tribunal was not satisfied that Mr Hossain had exhibited the necessary enduring moral qualities.

Consequently, the Tribunal affirmed the delegate's decision to refuse Mr Hossain's application for Australian citizenship by conferral.