Singh and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for citizenship by conferral by Mr Singh, who was found by the Minister for Immigration and Border Protection to not meet the good character requirement. The dispute arose from a 2008 conviction for a sexual offence, and subsequent breaches of his obligations as a registered sex offender. The Administrative Appeals Tribunal (AAT) reviewed the Minister's decision.

The primary legal issue before the AAT was whether Mr Singh satisfied the good character requirement for citizenship by conferral, pursuant to section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth), at the time of the AAT's decision. This required an assessment of his contemporary character, not merely a retrospective examination of past conduct. The AAT also considered the significance of Mr Singh's conviction and his subsequent breaches of the *Sex Offenders Registration Act 2004* (Vic), including failing to notify a change of address, failing to disclose employment details, failing to provide details of a motor vehicle he drove, and providing false or misleading information about his enrolment in a course.

The AAT reasoned that while the 2008 conviction and subsequent breaches were serious, the assessment of good character must focus on the applicant's conduct at the time of the decision. The Tribunal took into account a positive psychological report and consistent evidence from employers regarding Mr Singh's good behaviour. It also considered the absence of any other offending, apart from minor traffic infringements. Drawing on established legal principles, the AAT concluded that a person convicted of a serious crime may nonetheless demonstrate reformation and contemporary good character through subsequent conduct. On the totality of the evidence, the AAT was satisfied that Mr Singh now met the good character requirement.

The AAT set aside the Minister's decision and remitted the application to the Minister with a direction that Mr Singh satisfied the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 2007*.