Sami and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral by Mr Sami, which was opposed by the Minister for Immigration and Border Protection. The dispute centred on whether Mr Sami met the good character requirement stipulated by subsection 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal (AAT) was tasked with determining this issue.

The primary legal issue before the Tribunal was whether Mr Sami possessed the requisite "good character" at the time of the Minister's decision, as mandated by the Act. This required an assessment of his past conduct, including previous convictions in Australia and Fiji, and his failure to disclose these offences when applying for migration and citizenship. The Tribunal also considered the guidance provided by the Citizenship Policy and relevant case law, particularly the definition of "good character" as referring to enduring moral qualities rather than mere repute.

The Tribunal reasoned that Mr Sami's convictions for common assault and low-range drink driving, coupled with undisclosed prior convictions in Fiji, were inconsistent with the standard of behaviour expected of an Australian citizen. It noted that domestic violence, in particular, is considered fundamentally inconsistent with good character. While acknowledging Mr Sami's expressions of remorse, his partner's evidence, and character references attesting to his positive qualities, the Tribunal found that these did not sufficiently outweigh the seriousness of his offending behaviour and his inadequate period of compliance with Australian law, including an existing AVO.

Consequently, the Tribunal was unable to make a positive finding that Mr Sami was of good character. Therefore, the decision under review, which affirmed the refusal of his citizenship application, was upheld. The Tribunal noted that Mr Sami could make a future application if he could demonstrate compliance with the requirements over time.