Qarkaj and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by Mr Qarkaj, which was refused by the Minister for Immigration, Citizenship and Multicultural Affairs. The refusal was based on the applicant not being of "good character" as required by section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth), primarily due to his criminal history and the circumstances of his initial entry into Australia. The Administrative Appeals Tribunal (AAT) heard the matter afresh on the evidence before it.

The AAT was required to determine whether Mr Qarkaj was of good character at the time of the Tribunal's consideration, having regard to his past offending and his current circumstances. This involved evaluating whether his character had changed over time, despite the seriousness of his past criminal conduct and the deception used to enter Australia. The Tribunal was not bound by the delegate's decision and was to reach the correct or preferable decision based on the evidence presented.

The Tribunal reasoned that while Mr Qarkaj's initial entry into Australia under a false identity and his subsequent criminal convictions, including a serious offence in 2008 for which he received a significant custodial sentence, were grave matters, his character could evolve. The Tribunal noted that his last offending occurred 15 years prior to the hearing. It also took into account his current personal circumstances, including a stable marital relationship, three children in Australia, and the operation of a successful and honest business. The Tribunal concluded that these factors, viewed in their totality and at the present time, demonstrated that Mr Qarkaj was now of good character.

Consequently, the Tribunal set aside the delegate's decision to refuse citizenship and substituted a decision that it was satisfied Mr Qarkaj was of good character.