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

This matter concerned an application for review of a delegate’s decision to refuse the applicant Australian citizenship. The refusal was based on the delegate’s dissatisfaction that the applicant was of good character at the time of the decision, as required by paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The applicant had lodged his citizenship application in May 2016, and the delegate’s decision was made in November 2018.

The primary legal issue before the Tribunal was to determine whether the applicant was a person of good character at the time of the delegate's decision, and subsequently, at the time of the Tribunal's own decision. This assessment was to be made in accordance with section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The Tribunal was required to consider adverse information, including a contravention of a Domestic Violence Order (DVO) in 2014, for which no conviction was recorded but the applicant was subject to a good behaviour period.

The Tribunal found that it was not satisfied the applicant was of good character at the time of the delegate's decision, nor at the time of the Tribunal's own hearing. This conclusion was based on the applicant's history, which included being the respondent to three DVOs and committing the offence of contravening a DVO. Crucially, the Tribunal noted that the applicant continued to deny responsibility for acts of domestic violence, and in some instances, denied committing them altogether, despite having made admissions to police at the relevant times. The Tribunal found the applicant's denials regarding cutting his former wife's arm and slapping her to be not credible, particularly as the appropriate time to challenge these allegations was before the Magistrates Court, not the Tribunal. The Tribunal also considered the applicant's traffic history, but this was not the primary basis for the decision.

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