Muhammad and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by Amer Muhammad, which had been refused by a delegate of the Minister for Immigration and Border Protection. The refusal was based on the delegate's dissatisfaction that Mr Muhammad was of good character, as required by section 21(2)(h) of the *Australian Citizenship Act 1948* (Cth). Mr Muhammad sought a review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether Mr Muhammad was of good character at the time of the Tribunal's decision. This required an assessment of his past conduct, specifically a mid-range drink-driving conviction from 2004 and a series of traffic infringements occurring between 2002 and 2014. The Tribunal was required to determine if these matters demonstrated an enduring moral failing or if Mr Muhammad had reformed and exhibited good character.

The Tribunal applied the ordinary meaning of "good character" as interpreted in *Irving v Minister for Immigration, Local Government and Ethnic Affairs*, which refers to a person's enduring moral qualities rather than their public reputation. While acknowledging the seriousness of the drink-driving offence and the pattern of traffic infringements, the Tribunal found that the drink-driving offence occurred 12 years prior with no repetition, and Mr Muhammad had provided credible evidence of his reformed behaviour, including abstaining from driving after drinking and acting as a designated driver. The Tribunal also noted Mr Muhammad's complete honesty about his past.

The Tribunal was satisfied that Mr Muhammad was of good character. Consequently, the decision under review was set aside and remitted for reconsideration with a direction that Mr Muhammad meets the good character requirement under section 21(2)(h) of the Act.