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

This matter concerned an application for Australian citizenship by conferral by Mr Kuol, which was refused by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The refusal was based on the delegate's dissatisfaction that Mr Kuol was of good character, as required by section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). This dissatisfaction stemmed from Mr Kuol's extensive criminal offending, the recency of his last offence, and his failure to disclose his criminal history on his citizenship application form. Mr Kuol sought review of this decision before the Tribunal.

The central legal issue before the Tribunal was whether it could be satisfied that Mr Kuol was of "good character" for the purposes of section 21(2)(h) of the Act. The Act does not define "good character," meaning the Tribunal was required to assess this criterion based on the evidence presented and relevant legal principles.

The Tribunal affirmed the delegate's decision, finding that Mr Kuol did not meet the good character requirement. While acknowledging Mr Kuol's stated abstinence from alcohol and cannabis since 2011 and his efforts to address his past, the Tribunal considered the seriousness and nature of his criminal offending, which occurred while he was under the influence of substances. The Tribunal also noted the omission of his criminal history on his application form. Despite the passage of time and his stated remorse, the Tribunal concluded that it could not be satisfied that Mr Kuol was of good character at the time of the decision.