Citizenship Refusal

An Indian National who was convicted for indecent assault against a 16- year old school girl has been found to be a person of good character after the conviction.

Hawrinder Singh was convicted of two offences of unlawful assault and indecent assault in August 2008. He was found guilty for touching the girl indecently on a train. He was also found to be in breach of his reporting requirements arising out of his conviction for a sexual crime against a minor.

Harwinder Singh's citizenship application was refused due to his convictions. However, Hawinder has filed a case against Administrative Appeals Tribunal (AAT) has heard that he had pleaded guilty as he did not have the money to fight the matter and thought it was appropriate to accept the changes and finish the case.

Singh has also informed the Tribunal that he had told the police that he does not recall touching the girl, but if that’s what she said, he did not touch her intentionally.

A psychologist’s report presented to Tribunal says that Mr Singh did not have a personality or psychological characteristics which would indicate a propensity to commit sexual or other offences and there was no pattern of serious criminal behaviour.

“ A person, who has been convicted of a serious crime may nonetheless show, by his subsequent conduct, to have reformed and now be of good character,” Senior Member Morris said while settling aside the Department’s decision to refuse Mr Singh’s citizenship application and asking it to be reconsidered.