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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant sought Australian citizenship, but his application was refused on character grounds. The applicant’s offending involved two charges of aggravated assault causing harm against his wife in 2013, one with a weapon (a belt) and another with a kitchen knife. He was granted bail with conditions not to assault, harass, threaten, or intimidate his wife, and not to approach or communicate with her. An intervention order was later issued against him. The applicant later made statutory declarations acknowledging his wrongdoing, stating he was unfamiliar with Australian laws at the time, and asserting his subsequent good character, including his happy family life and commitment to his wife and children. His wife also provided a statutory declaration supporting his character.

The primary legal issue before the Tribunal was whether the applicant was of "good character" for the purposes of section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). This required the Tribunal to assess the applicant's character in light of his past offending and his subsequent conduct and declarations. The Tribunal had to determine if the offending, despite its seriousness, was outweighed by evidence of rehabilitation and genuine remorse, particularly in the context of his family life and stated understanding of Australian laws.

The Tribunal found that the applicant was of "good character" for the purposes of section 21(2)(h) of the Act as a question of fact. The Tribunal set aside the Minister's decision and remitted it to the Respondent with a direction that the applicant satisfied the character requirement.