Singh and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral by Mr. Singh, who was 59 years of age. Mr. Singh had arrived in Australia in 1998 and was granted a permanent visa in 2002. His initial application for citizenship was approved in December 2013 but subsequently cancelled in March 2015, leading him to reapply in June 2015. The Minister for Immigration and Border Protection opposed the application, contending that Mr. Singh was not of good character as required by section 21(2)(h) of the *Australian Citizenship Act 1948* (Cth) and that the Tribunal should affirm the delegate's decision to refuse citizenship.

The Administrative Appeals Tribunal was required to determine whether Mr. Singh was of good character for the purposes of section 21(2)(h) of the Act. This involved assessing his past conduct, including a conviction for attempting to pervert the course of justice in 2003, his subsequent actions in concealing this offending from legal professional bodies and in his citizenship application, and his prolonged legal challenges concerning the conviction. The Tribunal also considered arguments that a more lenient approach to character assessment, as suggested by the Queensland Court of Appeal in *Attorney-General v Bax*, should be applied, and whether Mr. Singh had effectively "served his time" for his past actions.

The Tribunal reasoned that the assessment of good character must be judged by community standards and based on the aggregate of an applicant's qualities displayed over an enduring period. While acknowledging Mr. Singh's admission of his offending and subsequent conduct, the Tribunal found that his actions, including concealing his conviction from the Queensland Law Society and in his citizenship application, demonstrated a disregard for the law and professional regulations. The Tribunal distinguished *Attorney-General v Bax* as relating to professional conduct rather than citizenship character requirements. It concluded that insufficient time had passed for Mr. Singh to demonstrate an adequate period of compliance with Australian law and enduring moral qualities indicative of good character.

Consequently, the Tribunal was not satisfied that Mr. Singh was of good character under section 21(2)(h) of the Act and therefore not eligible for Australian citizenship. The Tribunal affirmed the decision under review.