Kassem and Minister for Home Affairs (Citizenship)

This matter concerned an application for Australian citizenship by Mr Kassem, whose permanent visa had been cancelled by the Minister for Home Affairs. The dispute arose because the cancellation of Mr Kassem's visa meant he no longer met the permanent residency requirement for citizenship, and the Minister had also determined that Mr Kassem did not satisfy the character test. The decision was heard by Chris Puplick AM, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Kassem satisfied the character requirements for citizenship, and whether his failure to meet the permanent residency requirement due to the cancellation of his visa was fatal to his citizenship application. The Tribunal was also invited to consider whether, even if the residency requirement was not determinative, the application should be refused on other available grounds.

The Tribunal reasoned that Mr Kassem's visa cancellation was mandatory under section 501(3A) of the *Migration Act 1958* due to his substantial criminal record, specifically a sentence of imprisonment for three years and four months. This cancellation meant he ceased to be a permanent resident and therefore ineligible for citizenship by conferral. The Tribunal affirmed that it conducted a de novo review, standing in the shoes of the original decision-maker and applying the relevant criteria at the time of its own decision. The Tribunal noted that Mr Kassem had been granted citizenship but it had not become effective as he had failed to make the Pledge of commitment, leaving the application still live and capable of cancellation.

The Tribunal affirmed the Minister's decision to refuse Mr Kassem's application for Australian citizenship. This outcome was based on Mr Kassem's failure to meet the permanent residency requirement following the mandatory cancellation of his visa due to his substantial criminal record, and the determination that he did not pass the character test.