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

This matter concerned an application for Australian citizenship that was refused on the grounds that the applicant did not satisfy the good character requirement. The applicant had provided explanations for two incidents that led to charges of contravening a protection order, to which he pleaded guilty and received a suspended sentence and a good behaviour bond. The decision was reviewed by Dr Damien Cremean, Senior Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the applicant was a person of "good character" for the purposes of section 21(2)(h) of the *Australian Citizenship Act 1948* (Cth), and consequently, whether he was eligible for citizenship. The Tribunal was required to consider the applicant's past conduct, including his convictions, and the explanations he provided for his actions, in determining if he met the good character requirement.

The Tribunal affirmed the decision under review, finding that the applicant was not a person of good character. The Senior Member applied the principles established in *Irving* and *BOY19*, which indicate that the term "good character" is to be interpreted broadly and allows for consideration of a range of events and conduct connected with an applicant. The Tribunal was required to reach an affirmative belief that the applicant was of good character, and it was not sufficient to merely believe there was a chance this was so. The Senior Member concluded that, considering all the circumstances, a finding that the applicant was of good character could not be made, and this conclusion was consistent with the Citizenship Policy.