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

This matter concerned an application for citizenship by conferral by Mr Oraikat, a citizen of Jordan. The delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused the grant of citizenship on the grounds that Mr Oraikat was not satisfied to be a person of good character, as required by paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). Mr Oraikat sought review of this decision before the Administrative Appeals Tribunal (AAT).

The AAT was required to determine whether Mr Oraikat met the good character requirement for Australian citizenship, considering his offending and criminal history. Specifically, the Tribunal had to assess the significance of a common assault (DV) offence to which Mr Oraikat pleaded guilty, and his driving record, in the context of his overall character.

The Tribunal found that Mr Oraikat’s guilty plea to common assault, arising from an incident where he slapped his stepsister on multiple occasions, weighed heavily against a finding of good character. While Mr Oraikat attributed his actions to provocation by his stepsister and presented a statutory declaration detailing her aggressive behaviour and his attempts to de-escalate the situation, the Tribunal noted that his explanation lacked a full recognition of his own role in the events, particularly his failure to meet his financial obligations which led to the confrontation. The Tribunal also considered Mr Oraikat’s driving record, including speeding offences committed while he was on a good behaviour bond, as further evidence against his good character. Despite acknowledging Mr Oraikat's positive attributes, such as his articulation, potential to contribute to the community, and affection for his foster siblings, the Tribunal concluded that the totality of the circumstances, particularly the assault and financial irresponsibility, demonstrated a failure to meet the good character requirement.

Consequently, the AAT affirmed the delegate's decision to refuse the grant of citizenship by conferral. The Tribunal noted that this refusal was not a form of punishment and that Mr Oraikat could reapply for citizenship in the future after demonstrating a longer period of positive contribution to the Australian community.