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

This matter concerned an application for Australian citizenship by conferral made by Mr Palemala Nadzan. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had refused the application on the grounds that Mr Palemala Nadzan was not a person of good character. The Administrative Appeals Tribunal was required to determine whether Mr Palemala Nadzan satisfied the good character requirement under paragraph 21(2)(h) of the *Australian Citizenship Act 1948* (Cth).

The primary legal issues before the Tribunal were whether Mr Palemala Nadzan's contravention of an apprehended violence order (AVO) and his failure to disclose this, along with other criminal offences, in his citizenship application demonstrated a lack of good character. The Tribunal was required to consider the Australian Citizenship Policy Statement and Citizenship Procedural Instruction 15, which mandate a holistic assessment of character, taking into account all relevant factors including remorse, extenuating circumstances, and positive contributions.

The Tribunal found that Mr Palemala Nadzan had contravened an AVO and failed to declare this and his criminal record in his application. However, the Tribunal weighed these negative factors against evidence of his long-term employment, his role as a caregiver to his stepchildren and biological child prior to injury, his genuine remorse, and the extenuating circumstances surrounding the AVO contravention. These circumstances included his reliance on alcohol due to a serious workplace injury and chronic pain, and a verbal argument with his wife during a difficult period of marital and financial stress. The Tribunal also considered positive references from case managers and concluded that Mr Palemala Nadzan's conduct, while serious, was at the lower end of the offending spectrum and did not preclude him from meeting the good character requirement.

Consequently, the Tribunal set aside the Minister's decision and remitted the matter for reconsideration, with a direction that Mr Palemala Nadzan satisfied the good character requirement under paragraph 21(2)(h) of the *Australian Citizenship Act 1948* (Cth).