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

This matter concerned an application for Australian citizenship by conferral, where the applicant, a citizen of Pakistan, sought review of a delegate's decision to refuse his application. The sole issue before the Tribunal was whether the applicant satisfied the requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth) that he be of good character.

The Tribunal was required to determine whether the applicant possessed enduring moral qualities, necessitating an objective assessment of his behaviour over time. The Tribunal was guided by the principle that "good character" is not defined in the Act and should be considered broadly, allowing for an evaluative judgment based on a range of events and conduct connected with the applicant. The Tribunal also had regard to relevant case law, including *Grass v Minister for Immigration and Border Protection* and *BOY19 v Minister for Immigration and Border Protection*, and the Revised Citizenship Policy Instruction on assessing good character.

In its consideration, the Tribunal examined the applicant's submissions and evidence, including statutory declarations and oral testimony. While the Tribunal accepted the applicant's explanation for discrepancies regarding his previous residential address, it found a significant issue with his conduct concerning the concealment of his familial relationship with his sister and brother-in-law. The Tribunal noted a tension between the applicant's assertion that his sole motivation for providing false information was to protect his sister and nieces from deportation, and his oral evidence suggesting he was also considering his own circumstances at the time of lodging his Protection visa application. This conflict detracted from any finding of good character.

The Tribunal affirmed the delegate's decision to refuse the application for Australian citizenship. However, the Tribunal noted that the applicant should not be deterred from making a future application, as his ongoing positive contributions to Australia, when considered against his past indiscretions, might lead to a finding of good character at a later time.