Re Ahori and Minister for Immigration and Border Protection

The Administrative Appeals Tribunal (AAT) considered an application for Australian citizenship made by the Applicant, which had been refused by the Minister for Immigration and Border Protection. The central dispute concerned whether the Applicant met the good character requirements stipulated by section 21(2)(h) of the relevant Act, given his history of road traffic offences and a breach of a domestic violence order.

The AAT was required to determine if the Applicant satisfied the Tribunal that he was of good character. In reaching its decision, the Tribunal considered the legislative framework, including the Australian Citizenship Instructions (ACI) and the Australian Citizenship Policy (ACP), noting that the ACP is to be preferred in cases of inconsistency. The Tribunal also referred to established Federal Court jurisprudence, particularly the exposition in *Irving v Minister for Immigration, Local Government and Ethnic Affairs* (1996) 68 FCR 422, which defines "good character" as referring to a person's enduring moral qualities, assessed objectively, rather than their reputation in the community.

The Tribunal found that the Applicant's record of transgressions, including road traffic offences and a breach of a domestic violence order, was too frequent and too recent to conclude that he possessed the requisite good character at the time of his application or at the time of the Tribunal's hearing. The Tribunal affirmed the Minister's decision to refuse the application. The Tribunal noted that the Applicant might be eligible to lodge another application in the future, provided a significant period had elapsed and he had no further issues that would preclude the granting of citizenship.