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

The Administrative Appeals Tribunal (AAT) considered an application for Australian citizenship by conferral made by SXHL. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had refused the application on the grounds that SXHL did not satisfy the good character requirement under section 21(2)(h) of the *Citizenship Act 1948* (Cth). SXHL sought a review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether SXHL was of good character for the purposes of section 21(2)(h) of the *Citizenship Act*. This assessment was required in light of a past conviction for indecently dealing with a child under the age of 13, which occurred between January 2013 and September 2014. The delegate who initially refused the application considered this offence to be of high seriousness and gave limited weight to SXHL's explanation, character references, and evidence of counselling.

The Tribunal considered the entirety of the material before it, including SXHL's explanation of the offending, her background of domestic abuse in Iran, her arrival in Australia as a refugee, and evidence of her subsequent rehabilitation and positive contributions. The Tribunal noted that the sentencing judge had given SXHL the benefit of a spent conviction, indicating that the circumstances were unusual and that she should not be burdened by the conviction. Having regard to all these factors, the Tribunal formed a firm belief that SXHL was of good character.

Consequently, the Tribunal set aside the delegate's decision to refuse the application for Australian citizenship. The matter was remitted to the Respondent for reconsideration with a direction that SXHL meets the good character criterion as stipulated in section 21(2)(h) of the *Citizenship Act*.