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

This matter concerned an application for Australian citizenship by conferral by VFWQ (the Applicant) following a remittal from the Federal Court. The dispute centred on whether the Applicant satisfied the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth) at the time of the Tribunal's decision. The case was heard by Senior Member M Evans-Bonner.

The primary legal issue before the Tribunal was to determine whether the Applicant was of good character, having regard to a qualified security assessment from the Australian Security Intelligence Organisation (ASIO) and the Applicant's non-disclosure in his initial ASIO interview that he knew his father was on board a people smuggling vessel. The Tribunal was required to consider this assessment in light of the Applicant's otherwise unblemished record, including a single traffic conviction and substantial community contributions over a 12-year period.

The Tribunal reasoned that the relevant time for assessing good character was the date of the Tribunal's decision, as previously established by the Federal Court. Despite the qualified security assessment and the initial non-disclosure, the Tribunal found that the Applicant's subsequent voluntary disclosure in a second ASIO interview, coupled with his long-term employment and volunteer work, demonstrated that he was of good character. The Tribunal noted that the Applicant had only one traffic conviction and had made significant positive contributions to the community.

Consequently, the Tribunal set aside the previous decision and remitted the matter for reconsideration with a direction that the Applicant was of good character under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth).