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

This matter concerned an application for Australian citizenship by conferral made by Bilal Rajbieh. The delegate of the Minister for Immigration, Citizenship and Multicultural Affairs refused Mr Rajbieh's application on the grounds that he was not of good character, a statutory requirement for citizenship. Mr Rajbieh sought review of this decision before the Tribunal.

The Tribunal was required to determine whether Mr Rajbieh satisfied the criterion of being of good character at the time of the Minister's decision. This involved interpreting the meaning of "good character" as established in case law, considering relevant departmental policy statements and procedural instructions, and assessing Mr Rajbieh's criminal history, specifically a conviction for contravening a prohibition or restriction in an apprehended domestic violence order. The Tribunal also had to consider Mr Rajbieh's conduct in failing to declare a previous offence on his citizenship application.

The Tribunal applied the ordinary meaning of "good character" as referring to enduring moral qualities, rather than community reputation. It noted that domestic violence is considered unacceptable by the Australian community. While Mr Rajbieh expressed remorse and presented evidence suggesting his relationship with his wife had improved, the Tribunal found that his explanation for the domestic violence incident was inconsistent with the evidence of actual use of force and threats that instilled fear. Furthermore, the Tribunal considered that insufficient time had elapsed since the cessation of his good behaviour bond for him to demonstrate reform, particularly as the offending occurred relatively recently. The Tribunal also found that Mr Rajbieh's failure to declare a previous offence on his application was a conscious decision and contrary to the expectation that an applicant of good character would not practice deception with the government.

The Tribunal affirmed the delegate's decision to refuse Mr Rajbieh's application for Australian citizenship. The Tribunal noted that Mr Rajbieh could reapply in the future.