Ngaboyisonga and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for review of a delegate's decision to refuse Mr Ngaboyisonga Australian citizenship by conferral. The Administrative Appeals Tribunal (AAT) was required to consider whether Mr Ngaboyisonga satisfied the criteria for citizenship under the *Australian Citizenship Act 2007* (Cth), specifically section 21(2)(h), which requires the Minister to be satisfied that the applicant is of good character at the time of the decision. While Mr Ngaboyisonga met other eligibility requirements, the delegate had not been satisfied of his good character.

The primary legal issue before the Tribunal was to determine whether Mr Ngaboyisonga was of good character, as defined by the Act and relevant case law. The Tribunal noted that "good character" refers to a person's enduring moral qualities, assessed objectively, rather than their community standing. It also acknowledged that an assessment of character is a contemporary exercise, capable of change over time, and that a single adverse incident, if sufficiently serious, could outweigh otherwise positive qualities. The Tribunal considered evidence from various witnesses, including Mr Ngaboyisonga's wife, whose testimony it did not place significant weight upon due to potential bias and unresponsiveness.

The Tribunal applied the principles from *Irving v Minister for Immigration, Local Government and Ethnic Affairs* and *Ragni Mala Prasad and Minister for Immigration and Ethnic Affairs*, focusing on an objective assessment of Mr Ngaboyisonga's moral qualities. While some witnesses provided evidence in favour of his good character, and the Tribunal noted a spiritual counsellor's positive assessment, the Tribunal ultimately affirmed the delegate's decision. The Tribunal concluded that, at the time of the decision, Mr Ngaboyisonga did not satisfy the good character requirement under section 21(2)(h). However, the Tribunal indicated that a future application might be successful if Mr Ngaboyisonga could demonstrate a longer period of positive contribution to the community without any recurrence of unlawful conduct.