Sarmusak and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for citizenship by conferral by Mr Sarmusak, a national of Turkey, who sought to have set aside the Minister's decision to refuse his application. The Minister was represented by the Australian Government Solicitor. The Senior Member of the Tribunal heard evidence from the applicant and considered documents lodged by both parties.

The primary legal issue before the Tribunal was whether the applicant satisfied the "good character" requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). This required the Tribunal to determine if the applicant possessed enduring moral qualities indicating he was likely to uphold and obey the laws of Australia. The Tribunal also considered the guidance provided in the Department's Citizenship Policy regarding the administration of good character provisions.

The Tribunal reasoned that the good character test requires the Minister to be positively persuaded of an applicant's good character, focusing on their enduring moral qualities rather than their reputation. The applicant had a criminal record including convictions for driving offences and, most significantly, assault occasioning actual bodily harm for which he received a custodial sentence that was later substituted with a fine. The Tribunal found that insufficient time had passed since the applicant's last offending behaviour in 2014, and that his response in the assault incident was disproportionate and unjustified. Applying the principles from *Irving and Minister for Immigration, Local Government and Ethnic Affairs* (1996) 68 FCR 422, the Tribunal concluded that there was insufficient evidence to satisfy the good character requirement.

The Tribunal affirmed the Minister's decision to refuse the application for citizenship by conferral.