Ydkw and Minister for Immigration, Citizenship, and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral, which was refused by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs. The applicant had been convicted of common assault in 2017, and the delegate determined this offence was serious and contrary to Australian societal values, thus failing the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether the applicant possessed the requisite "good character" for citizenship, as defined by section 21(2)(h) of the Act. This required the Tribunal to interpret the meaning of "good character," which, as established in *Irving v Minister for Immigration, Local Government and Ethnic Affairs*, refers to a person's enduring moral qualities rather than their community standing. The Tribunal had to assess whether the applicant's prior conviction for common assault, which involved an incident of alleged domestic violence, demonstrated a lack of good character, or if it was an isolated event that did not preclude him from meeting this requirement.

The Tribunal found the applicant and his wife to be credible witnesses. While acknowledging that domestic violence is generally inconsistent with expected community standards and weighs heavily against a finding of good character, the Tribunal concluded that the common assault offence was an isolated incident. The Tribunal was satisfied that the offence occurred in unique and trying circumstances, was at the lower end of the spectrum in terms of seriousness, and that no similar incidents had been reported before or since. Considering the applicant's remorse, his wife's support, and his subsequent positive contributions to the community, the Tribunal found that the applicant possessed the enduring moral qualities expected of an Australian citizen and was therefore of good character.

Consequently, the Tribunal set aside the delegate's decision to refuse the application and remitted the matter for reconsideration with a finding that the applicant meets the character requirement for the grant of Australian citizenship.