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

The Administrative Appeals Tribunal (AAT) considered an application by LTDS for review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse approval for Australian citizenship by conferral. The refusal was based on the applicant not being of good character due to serious offending.

The Tribunal was required to determine whether LTDS was of good character for the purposes of the *Australian Citizenship Act 2007* (Cth). This involved assessing whether sufficient time had elapsed since the applicant's last offending, whether the applicant had demonstrated remorse and an understanding of their past conduct, and whether they had shown enduring moral qualities.

In its reasoning, the Tribunal applied the principles established in *Vasta v Minister for Immigration and Border Protection* [2019] FCA 1956, which outlines the factors to be considered when assessing good character in the context of citizenship applications. The Tribunal found that while the applicant's offending was serious, a significant period had passed since their last offence. Furthermore, the Tribunal was satisfied that LTDS had demonstrated genuine remorse, a clear understanding of the gravity of their past actions, and had exhibited enduring moral qualities through their subsequent conduct and rehabilitation. Consequently, the Tribunal set aside the Minister's decision and substituted it with a decision to approve LTDS's application for Australian citizenship by conferral.