Kamara and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs to refuse the applicant's application for citizenship by conferral. The applicant, a Liberian national who arrived in Australia as a refugee in 2005, had his third application for citizenship refused on 30 May 2023, on the basis that the delegate was not satisfied he was of good character, as required by section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). This refusal followed previous refusals in 2013 (for character reasons) and 2017 (for identity reasons). The applicant sought merits review of the most recent refusal.

The primary legal issue before the Tribunal was whether the applicant met the "good character" requirement for citizenship by conferral under section 21(2)(h) of the *Australian Citizenship Act 2007*. This required the Tribunal to assess the applicant's character at the time of the decision, taking into account his offending history and any other relevant information. The Tribunal also had to consider the weight to be given to evidence provided by the applicant, particularly a witness statement from an individual named Jesse, in light of the applicant's past conduct.

The Tribunal considered the applicant's extensive offending history between 2007 and 2012, which included 27 offences under various Western Australian and Commonwealth Acts, such as the *Weapons Act 1999* (WA), the *Criminal Code Act 1995* (Cth), and the *Road Traffic Act 1974* (WA). These offences ranged from driving without a licence and disorderly behaviour in public to more serious matters like threats to injure and obstructing public officers. The Tribunal noted a marked deterioration in the applicant's conduct in 2010, with multiple offences including breach of bail. The Tribunal concluded that, in the circumstances, it could not reasonably give weight to the witness statement provided by Jesse.

The Tribunal remitted the decision for reconsideration.