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

This matter concerned an application for Australian citizenship by conferral made by Mr Singh, which was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The Administrative Appeals Tribunal (AAT) was tasked with reviewing this decision, with the central issue being whether Mr Singh was of good character at the time of the Minister's decision.

The AAT was required to determine if Mr Singh met the eligibility criterion of being of good character, as stipulated by section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). This involved assessing whether Mr Singh's past offending, and his conduct since, demonstrated the enduring moral qualities considered indicative of good character for the purposes of citizenship, as guided by departmental policy and relevant case law.

The Tribunal considered the applicant's argument that he had made a mistake, completed his sentence, and demonstrated rehabilitation through subsequent employment and permits, contending that further punishment was unwarranted. Conversely, the respondent argued that the seriousness of the offending, Mr Singh's perceived minimisation of his actions, and the insufficient time elapsed since his community corrections order were not outweighed by mitigating factors. The Tribunal noted that the assessment of good character is an objective one, focusing on enduring moral qualities rather than community reputation, and that the grant of citizenship is a privilege, not a right, reflecting the community's decision on who to admit as fellow citizens. The Tribunal affirmed the delegate's decision to refuse the application.