Ismail and Minister for Immigration and Border Protection (Citizenship)

The Administrative Appeals Tribunal reviewed a decision by the Minister for Immigration and Border Protection to refuse an application for Australian citizenship. The applicant, Mr. Ismail, had his application refused because the Minister's delegate was not satisfied that he was of good character, as required by subsection 21(2)(h) of the *Australian Citizenship Act 1948* (Cth). The Tribunal's task was to determine whether it was satisfied that Mr. Ismail met this good character requirement.

The central legal issue before the Tribunal was the interpretation and application of the "good character" requirement under the Act. While the Act does not define "good character," the Tribunal considered guidance provided by the Citizenship Policy and Australian Citizenship Instructions. The Tribunal noted that the Policy, which is government policy and should be considered unless there are cogent reasons not to, cites *Irving v Minister for Immigration, Local Government and Ethnic Affairs* (1996) 68 FCR 422. This case established that "good character" refers to a person's enduring moral qualities, rather than their reputation or standing in the community. The Policy further elaborates that "enduring moral qualities" involve demonstrating the ability to distinguish right from wrong, behaving ethically, and conforming to Australian societal rules and values over a significant period.

The Tribunal's reasoning focused on assessing Mr. Ismail's enduring moral qualities in light of his criminal record, which included traffic offences. The Tribunal acknowledged that the Policy and case law provide a framework for this assessment, emphasizing an objective evaluation of the applicant's fundamental characteristics and behaviour. The Tribunal was required to weigh any mitigating factors presented by the applicant against the nature and extent of his past conduct to determine if he possessed the necessary enduring moral qualities to be considered of good character for citizenship purposes.