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

This matter concerned an application for review of a delegate's decision to refuse the Applicant's application for citizenship by conferral. The refusal was based on the Applicant not meeting the good character test under s 21(2)(h) of the *Citizenship Act 2007* (Cth) due to a conviction for aggravated assault. The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant was of good character at the time of the hearing, based on the evidence before it and on the balance of probabilities.

The Tribunal considered the definition of "good character" as referring to the enduring moral qualities of a person, rather than their standing in the community. While acknowledging that aggravated assault is an illegal, immoral, and antisocial act, the Tribunal emphasised that character must be assessed in a broader context, considering conduct over a lasting period. The Tribunal noted that the Applicant's offence, committed nine years prior, was an isolated incident with no prior or subsequent convictions. Evidence presented included the Applicant's responsible behaviour since the offence, his establishment of a business, his family life, his active involvement in his community and charitable works, and favourable assessment by a clinical psychologist.

Ultimately, the Tribunal was not satisfied that the Applicant's conviction, or any representations made regarding it, indicated a lack of good character when viewed in light of his subsequent conduct and the broader context. The Tribunal found that the Applicant satisfied the requirement of being of good character. However, the Tribunal's jurisdiction was confined to this specific issue, and the original refusal notice indicated that not all criteria for citizenship had been considered. Therefore, the Tribunal set aside the delegate's decision and remitted the matter to the Respondent for further consideration, with a direction that the Applicant satisfies the good character requirement.