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

This matter concerned an application for Australian citizenship by conferral made by Mr Rekhi. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, through a delegate, refused Mr Rekhi's application on the basis that he was not satisfied that Mr Rekhi met the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 1948* (Cth). Mr Rekhi sought a review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Rekhi satisfied the good character requirement for citizenship by conferral, notwithstanding his past criminal conduct. This required the Tribunal to consider the meaning of "good character" in the context of the Act and relevant departmental policy, and to assess whether Mr Rekhi's criminal history, which included offences such as driving with a prescribed concentration of alcohol, dishonest receipt of stolen goods, unlawful assault, and failing to answer bail, demonstrated that he was of good character at the time of the decision.

The Tribunal considered the applicant's criminal record, which spanned from 2006 to 2013, and included various driving offences, dishonesty offences, and drug-related offences. It also had regard to oral evidence from the applicant and several other witnesses, as well as documentary evidence. The Tribunal noted that the concept of "good character" was not defined in the Act but was addressed in the Citizenship Statement – CPI 15 Assessing Good Character. The Tribunal ultimately set aside the delegate's decision and remitted the matter for reconsideration, indicating that the delegate had not adequately considered all relevant aspects of the applicant's character and circumstances.