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

This matter concerned an application for Australian citizenship by conferral made by Mr Shrestha. The Minister for Immigration, Citizenship and Multicultural Affairs refused the application, finding that Mr Shrestha had not satisfied the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth) due to a conviction for common assault occasioning actual bodily harm. The Administrative Appeals Tribunal was required to review this decision.

The Tribunal was tasked with determining whether Mr Shrestha met the definition of "good character" as outlined in the relevant Citizenship Policy, considering his past conviction. This involved assessing the nature of the offence, the applicant's behaviour over time, and any mitigating factors or evidence of rehabilitation. The Tribunal had to weigh the seriousness of the domestic violence offence against Mr Shrestha's subsequent conduct and his explanation for the incident.

In its reasoning, the Tribunal accepted Mr Shrestha's evidence regarding the assault, which involved him slapping his wife after she had slapped him, under the influence of alcohol. The Tribunal found that while the offence was serious and involved domestic violence, it was an isolated incident. Mr Shrestha demonstrated insight into his actions, had ceased consuming alcohol, and was otherwise of good character with an unblemished record. The Tribunal considered that sufficient time had not necessarily elapsed since the offence, but found that Mr Shrestha had taken appropriate measures to prevent reoffending.

Consequently, the Tribunal set aside the Minister's decision to refuse citizenship and remitted the matter for reconsideration. The Tribunal made a finding that Mr Shrestha was of good character for the purposes of section 21(2)(h) of the Act, meaning he would be eligible for citizenship if he satisfied the remaining criteria.