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

This matter concerned an application for Australian citizenship by conferral made by the Applicant, a national of the Republic of India. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused the application, and the Applicant sought review of this decision before the Tribunal. The central dispute revolved around whether the Applicant was of good character, as required by the *Citizenship Act 1948* (Cth).

The Tribunal was required to determine whether it was satisfied that the Applicant was of good character, notwithstanding his criminal history. This involved considering an assault occasioning bodily harm conviction, a breach of protective bail conditions, and the Applicant's failure to fully and accurately declare his convictions in his citizenship application. The Tribunal also had to assess the credibility of the Applicant and his wife, particularly in light of their conflicting accounts of the assault incident and the wife's evidence.

In its reasoning, the Tribunal applied the principles established in *Minister for Home Affairs v Sharma* [2019] FCA 597, which outline how criminal convictions should be considered. The Tribunal found that the Applicant's plea of guilty to aggravated assault occasioning bodily harm, despite his later assertions of innocence, was a significant factor. Furthermore, the Tribunal expressed concern regarding the Applicant's wife's evidence, finding it lacked independence and credibility, particularly given the private details she disclosed. The Tribunal concluded that the Applicant's offending behaviour and his dishonesty during the application process gave rise to serious concerns about his character.

Consequently, the Tribunal affirmed the delegate's decision to refuse the Applicant's application for Australian citizenship by conferral. The Tribunal noted that the Applicant retained the right to apply again in the future, provided he could demonstrate, over time, the positive attributes and behaviour necessary to satisfy the good character requirement.