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

This matter concerned an application for Australian citizenship by conferral by Mr Rabbani, which was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant sought review of this decision in the Administrative Appeals Tribunal. The central issue was whether the applicant was of good character for the purposes of the *Australian Citizenship Act 2007* (Cth), given a prior conviction for committing an act of indecency with or towards a person aged 16 years or above.

The Tribunal was required to determine whether the applicant had demonstrated good character, a prerequisite for citizenship by conferral under section 21(2)(h) of the Act. This involved assessing the applicant's rehabilitation and enduring moral qualities following his criminal offending, considering all relevant material and policy.

The Tribunal found the applicant's conduct to be serious and that it weighed heavily against a finding of good character. Despite the time elapsed since the offending, the Tribunal was not satisfied that the applicant had sufficiently rehabilitated to demonstrate a pattern of enduring moral qualities. This conclusion was informed by the applicant's initial denial of allegations to the police, his limited insight into the factors contributing to his offending as noted in pre-sentence and psychological reports, and his failure to disclose the offence to his family. While the applicant eventually expressed remorse and accepted some responsibility, the Tribunal considered his understanding of the contributing factors to be limited, and noted potential issues with sexual dysregulation and a lack of pro-social supports. Consequently, the Tribunal was not persuaded to make a positive finding of good character.

The Tribunal affirmed the decision under review, finding that the applicant did not satisfy the good character requirement. The applicant was advised that he could make a fresh application for Australian citizenship in the future.