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

This matter concerned an application for Australian citizenship by conferral by NJML, which was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on the grounds that NJML was not of good character. The Administrative Appeals Tribunal was required to determine whether NJML met the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth).

The primary legal issue before the Tribunal was whether NJML demonstrated enduring moral character, taking into account a sexual assault offence committed in January 2018 during the course of his employment as a taxi driver. The Tribunal considered the seriousness of the offence, the fact that no conviction was recorded, and NJML's remorse and personal reform since the incident. The Tribunal also had regard to the Citizenship Policy, which states that sexual assault is a very significant offence and that the passage of time required to demonstrate good character for such offences would be much longer, potentially over many years, with the nature of the offence being more relevant than time alone.

The Tribunal reasoned that while NJML had no conviction recorded and the Magistrate described the offence as a "crime of passion" and confined in scope, the conduct occurred during his professional duties, representing a breach of trust inherent in his public role. Furthermore, the Tribunal noted that NJML contested the charge and showed no remorse at the time, with his subsequent conduct amounting to an admission of guilt. The Tribunal concluded that insufficient time had passed since the offending for NJML to be judged as being of good character, despite his submissions regarding his remorse, his desire to advance his career, and his intention to bring his family to Australia.

Consequently, the Tribunal affirmed the decision under review, finding that NJML was not currently of good character within the meaning of section 21(2)(h) of the Act.