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

This matter concerned an application for Australian citizenship by conferral, which was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on the grounds that the applicant was not of good character. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant was of good character, having regard to his past offending conduct, evidence of rehabilitation, and the time elapsed since the offending. The Tribunal also considered the relevance of other alleged criminal behaviour and the applicant's mental health history.

In its reasoning, the Tribunal considered the remarks of the sentencing judge in the County Court, who described the applicant's offending as an aberration and not involving violence. The Tribunal noted that the applicant had pleaded guilty to the offence, which involved 126 contacts with his former girlfriend, causing her distress. While the Tribunal acknowledged the applicant's explanation for his conduct, it gave this explanation limited weight, particularly in light of the sentencing judge's remarks. The Tribunal found the offending to be relatively low-level and accepted that the applicant's mental health issues had been considered by the sentencing judge. The Tribunal also considered evidence relating to withdrawn charges and an intervention order, concluding that the applicant had complied with its terms. Ultimately, the Tribunal was satisfied that, on a holistic assessment, the applicant should be considered of good character.

The Tribunal set aside the delegate's decision and remitted the matter for reconsideration, with a direction that the applicant is of good character and meets the requirements of section 21(2)(h) of the Australian Citizenship Act 2007.