Peskett and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral by Mr Peskett, a citizen of the United Kingdom. Mr Peskett had applied for citizenship in January 2016, but failed to disclose several criminal convictions from 2010 and 2011 when completing his application. Following notification of these convictions, a delegate of the Department of Immigration and Border Protection refused his application on the grounds that he was not satisfied Mr Peskett was of good character. Mr Peskett sought review of this decision before the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether Mr Peskett was of good character for the purpose of satisfying the eligibility criterion for Australian citizenship. This involved interpreting the meaning of "good character" as it applies under section 21(2)(h) of the relevant Act, and assessing whether Mr Peskett's past conduct and explanations met this standard. The Tribunal also considered the weight to be given to character references provided by Mr Peskett, particularly in light of his failure to disclose his criminal record.

The Tribunal applied the ordinary meaning of "good character" as referring to enduring moral qualities, rather than mere community reputation, as established in *Irving v Minister for Immigration, Local Government and Ethnic Affairs*. While Mr Peskett provided explanations for his convictions and argued that he had reformed since his youth, the Tribunal noted his failure to disclose the convictions in his initial application. The Tribunal also observed that character references provided by Mr Peskett did not acknowledge his offences, and therefore were given little weight. Ultimately, the Tribunal found that Mr Peskett had not demonstrated that he was a person of good character.

The Tribunal affirmed the delegate's decision to refuse Mr Peskett's application for Australian citizenship.