Oganesian and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for review by Ms Oganesian of the Minister’s delegate’s decision to refuse her application for Australian citizenship. The refusal was based on the delegate’s dissatisfaction that Ms Oganesian was of good character, as required by section 21(4)(f) of the *Migration Act 1956* (Cth). The Tribunal was required to determine whether it was satisfied that Ms Oganesian met the good character requirement at the time of the Minister's decision.

The primary legal issue before the Tribunal was the interpretation and application of the "good character" requirement under section 21(4)(f) of the Act. This involved considering the enduring moral qualities of Ms Oganesian, rather than her standing or repute within the community, as established in *Irving v Minister for Immigration, Local Government and Ethnic Affairs* (1996) 68 FCR 422. The Tribunal had to assess whether Ms Oganesian's past conduct, including extensive litigation and an outstanding debt to the Commonwealth, demonstrated a lack of good character.

The Tribunal reasoned that "good character" refers to a person's enduring moral qualities, assessed objectively. While Ms Oganesian had engaged in prolonged litigation and incurred a significant debt to the Commonwealth, the Tribunal considered the context of her applications and the eventual grant of a permanent visa. It noted that her applications for ministerial intervention and subsequent legal challenges, while extensive, were ultimately part of her attempts to regularise her immigration status. The Tribunal found that her actions did not demonstrate a lack of honesty or financial responsibility in a way that would negate her enduring moral qualities. The Tribunal was satisfied that Ms Oganesian was of good character and set aside the delegate's decision, substituting it with a decision to approve her application for Australian citizenship.