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

This matter concerned an application for Australian citizenship by conferral made by Mr Prashant Shastri. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused Mr Shastri’s application, and he sought a review of that decision before the Administrative Appeals Tribunal. The central dispute revolved around whether Mr Shastri satisfied the "good character" requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth), following a finding of guilt for common assault (domestic violence) in the Parramatta Local Court.

The Tribunal was required to determine the meaning of "good character" in the context of citizenship by conferral and, specifically, how an applicant's past conduct, including a conviction for common assault dismissed without conviction under a good behaviour bond, should be weighed against other evidence. The Tribunal also had to consider the weight to be given to references and evidence of rehabilitation, such as psychological counselling, in assessing an applicant's enduring moral qualities.

The Tribunal reasoned that while the principle of non-tolerance for domestic violence is well-established, each case must be evaluated on its own evidence. It accepted Mr Shastri's sworn evidence that the assault was unintentional and accidental, occurring during an argument. The Tribunal also noted that Mr Shastri had sought professional assistance for anger and stress management following the incident and had received a report indicating considerable improvement. Despite the absence of evidence from the victim, the Tribunal found no basis to reject Mr Shastri's account of the incident or his subsequent efforts at rehabilitation.

Consequently, the Tribunal set aside the Minister's decision to refuse the citizenship application and remitted the matter to the Minister for reconsideration. The Tribunal was satisfied that Mr Shastri had met the good character requirement for citizenship by conferral.