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

This matter concerned an application for Australian citizenship that was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on the grounds that the applicant was not of good character. The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine whether it was satisfied that the applicant was of good character for the purposes of paragraph 21(2)(h) of the *Australian Citizenship Act 1948* (Cth). This involved considering the applicant's criminal history, including convictions for assault occasioning actual bodily harm and multiple driving offences involving high concentrations of alcohol and driving whilst disqualified.

The Tribunal acknowledged the significant time that had passed since the offending conduct, particularly the assault offence which occurred nearly 14 years prior, and the absence of similar behaviour since. It also noted the applicant's efforts to rehabilitate, including his remarriage, settlement, and contribution to the community as a tour guide. However, the Tribunal found that the severity of the assault offence, exacerbated by its occurrence in the presence of a child and the physical harm caused, weighed heavily against a finding of good character. Similarly, the repeated nature and seriousness of the driving offences, which demonstrated a disregard for the law and placed the community at risk, also weighed against the applicant. Crucially, the Tribunal found there was no objective evidence to support the applicant's claims of rehabilitation, particularly regarding his alleged cessation of excessive alcohol consumption.

The Tribunal was not satisfied that the applicant was of good character at the time of the Minister's decision. Consequently, the Tribunal affirmed the decision to refuse the applicant's citizenship application.