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

The Administrative Appeals Tribunal (AAT) considered the application of KJZM for Australian citizenship by conferral, which had been refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. KJZM was a holder of a protection visa and had been resident in Australia for a significant period. The primary dispute concerned whether KJZM met the 'good character' requirement for citizenship, particularly in light of criminal charges and a subsequent conviction that occurred after the lodging of the citizenship application.

The Tribunal was required to determine whether KJZM was of good character for the purposes of section 21(2)(c) of the *Australian Citizenship Act 2007* (Cth) at the time of the decision, notwithstanding the criminal conviction. This involved assessing the nature and seriousness of the offence, the time elapsed since the conviction, KJZM's conduct and rehabilitation since the offence, and any other relevant circumstances. The Tribunal also had to consider the weight to be given to the fact that KJZM was a protection visa holder and had been resident in Australia for an extended period.

In its reasoning, the Tribunal applied the principles established in *BIA v Minister for Immigration and Border Protection* [2018] FCA 1956, which outlines a holistic approach to assessing good character, requiring consideration of all relevant factors. The Tribunal acknowledged the seriousness of the offence but also took into account KJZM's remorse, efforts at rehabilitation, and the fact that the offence was not of a violent nature. The Tribunal found that, despite the conviction, KJZM had demonstrated sufficient rehabilitation and positive attributes to be considered of good character for the purposes of the Act. Consequently, the Tribunal set aside the Minister's decision and remitted the matter to the Minister for reconsideration and the grant of Australian citizenship.