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

This matter concerned an application for Australian citizenship by conferral by Mr Jaafar, who was seeking to challenge the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to refuse his application. The central dispute revolved around whether Mr Jaafar met the good character requirement for citizenship, specifically in light of past criminal convictions. The decision was made by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Mr Jaafar satisfied the good character requirement under section 21(2)(h) of the *Citizenship Act*, and whether his convictions for common assault (domestic violence) on two separate occasions, the most recent of which resulted in a good behaviour bond that expired less than a year prior to the hearing, were inconsistent with this requirement. The Tribunal was required to consider the Australian Citizenship Procedural Instructions and relevant policy guidelines concerning the assessment of good character, particularly in relation to domestic violence.

The Tribunal reasoned that domestic violence is considered conduct fundamentally inconsistent with the standards of behaviour expected by the Australian community and weighs heavily against an applicant being of good character. While acknowledging Mr Jaafar's submissions regarding mitigating factors for the 2018 conviction, the Tribunal found inconsistencies in the oral evidence provided by Mr Jaafar, his wife, and his stepdaughter concerning that incident, which undermined their credibility, especially within the context of domestic violence. Furthermore, the Tribunal noted that references from family members, particularly victims of domestic violence, are given less weight due to the potential for coercion and the societal expectation of support. The Tribunal concluded that Mr Jaafar's convictions were not consistent with the good character requirement.

The Tribunal affirmed the decision under review, meaning Mr Jaafar's application for Australian citizenship was refused. However, the Tribunal noted that this conclusion did not preclude Mr Jaafar from making a future application, should he be able to demonstrate over time that he meets the citizenship requirements.