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

This matter concerned an appeal by Mr Shapkin against the refusal of his application for Australian citizenship by the Minister for Immigration, Citizenship and Multicultural Affairs. The primary dispute revolved around whether Mr Shapkin was prevented from becoming a citizen due to certain prohibitions under the *Australian Citizenship Act 2007* (Cth) at the time of the Administrative Appeals Tribunal's review. The decision was made by Mr S Evans, a Member of the Tribunal.

The legal issues before the Tribunal were whether the delegate erred in law by failing to assess Mr Shapkin's good character before considering the prohibitions on citizenship conferral, and whether the prohibition under subsection 24(6)(a) of the Act, relating to pending proceedings for an offence against Australian law, still applied at the time of the Tribunal's review. Mr Shapkin also contended that a prohibition under subsection 24(6)(g), relating to being subject to a Community Corrections Order (CCO), did not apply at the time of the original refusal as he had not yet been sentenced.

The Tribunal determined that decision-makers are not required to sequentially assess all eligibility criteria before considering prohibitions on citizenship conferral, unless otherwise specified. Regarding the pending appeal, the Tribunal acknowledged Mr Shapkin's submission that subsection 24(6)(a) might not apply but found it sufficient to note that his appeal against conviction was still pending. Crucially, applying the principle from *Nelson Guang Lai Shi v Migration Agents Registration Authority*, the Tribunal held that it must consider the relevant law and factual circumstances in place at the time of its own decision, not the original delegate's decision, unless there are indications to the contrary. As Mr Shapkin was subject to a CCO until 29 February 2024, he squarely fell within the provisions of s 24(6)(g) at the time of the Tribunal's review.

Consequently, the Tribunal affirmed the delegate's decision to refuse Mr Shapkin's application for citizenship.