Nambiraj and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by Mr Nambiraj, which was refused by the Minister for Immigration and Border Protection. The Administrative Appeals Tribunal was required to review this decision. The dispute centred on whether Mr Nambiraj met the character requirements for citizenship, particularly in light of his traffic offences and an inaccurate answer provided on his citizenship application form.

The primary legal issue before the Tribunal was whether Mr Nambiraj was of "good character" for the purposes of the *Australian Citizenship Act 2007* (Cth) and the relevant Citizenship Policy. This required the Tribunal to assess the significance of his traffic offences and his misleading answer on the application form, against other factors presented in his favour, such as his refugee background, personal circumstances, and efforts towards rehabilitation. The Tribunal also had to consider the meaning of "enduring moral qualities" in the context of assessing good character.

The Tribunal reasoned that while Mr Nambiraj had provided inaccurate and misleading answers on his citizenship application, the extent to which this was deliberate could not be definitively established. His driving record was considered unsatisfactory, indicating a disregard for the law. However, the Tribunal was persuaded by evidence of Mr Nambiraj's genuine steps towards rehabilitation, including addressing alcohol issues, severing ties with undesirable company, relocating to Brisbane, and engaging with the Church. The Tribunal also took into account the impact of his past persecution in Sri Lanka, his separation from his wife, and ongoing medical issues stemming from a violent attack. Weighing these factors, the Tribunal concluded that the decision to refuse citizenship should be set aside.

The Tribunal ordered that the decision under review be set aside and remitted to the Minister for Immigration and Border Protection for reconsideration according to law.