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

This matter concerned an application for citizenship conferral by Mr Razak, a citizen of Fiji. The Minister for Immigration, Citizenship and Multicultural Affairs refused the application on the grounds that Mr Razak was not of "good character" as required by section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Razak met this character requirement at the time of the Tribunal's decision.

The legal issue before the Tribunal was whether Mr Razak possessed the requisite "good character" for citizenship conferral, given his extensive criminal history. This history, spanning from 1994 to 2016, included multiple convictions for violent offences, notably domestic violence related assaults and contraventions of apprehended violence orders, as well as numerous traffic offences. The Tribunal also considered Mr Razak's candour in his dealings with the Australian government.

The Tribunal reasoned that while Mr Razak had not re-offended since 2016 and had presented evidence of remorse, personal change, and commitment to sobriety, these factors were insufficient to overcome the seriousness and extent of his past offending. The Tribunal noted that any domestic violence offence is considered serious, particularly when children are present. Despite acknowledging Mr Razak's efforts towards rehabilitation and his stated commitment to his family and sobriety, the Tribunal concluded that, when viewed holistically, his lengthy history of offending, the gravity of some repeat offences, and a lack of candour in his interactions with the government meant it could not be positively satisfied that he was of good character at that time.

Consequently, the Tribunal affirmed the reviewable decision to refuse Mr Razak's application for citizenship conferral.