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

[2020] AATA 3985

Awad and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2020] AATA 3985 (25 September 2020)

Division:GENERAL DIVISION

File Number:          2019/8694

Re:Mr Carrah Awad

APPLICANT

AndMinister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

RESPONDENT

DECISION

Tribunal:Mr A. Maryniak QC, Member

Date:25 September 2020

Date of written reasons:        12 October 2020

Place:Melbourne

The Tribunal is satisfied that the application for review of the decision has no reasonable prospects of success.

The Tribunal dismisses the application under section 42B(1)(b) of the Administrative Appeals Tribunal Act 1975.

...[sgd]....................................................................

Mr A. Maryniak QC, Member

Catchwords

PRACTICE AND PROCEDURE – citizenship by conferral – interlocutory application to dismiss on basis of no reasonable prospect of success – where outstanding criminal charges – Tribunal satisfied that there is no reasonable prospect of success – dismissed.

Legislation
Administrative Appeals Tribunal Act 1975

Australian Citizenship Act 2007

REASONS FOR DECISION

Mr A. Maryniak QC, Member

12 October 2020

1. At the conclusion of the hearing of this matter, the terms of the interlocutory decision intended to be made and the reasons therefore were stated orally.

2. The oral reasons for the decision have been transcribed by Epiq Australia Pty Ltd.  Whereas those oral reasons may reflect the inelegance of an extempore decision, they are in fact the reasons for the said decision.

3. An extract of the said transcript is Annexure “A” hereunto and furnished to the Applicant and to the Respondent.

I certify that the preceding 3 (three) paragraphs are a true copy of the reasons for the decision of Mr A. Maryniak QC, Member

.....[sgd]..................................................................

Associate

Dated: 12 October 2020

Date of hearing:	25 September 2020
Advocate for the Applicant:	Ms Aida Lopez
Advocate for the Respondent:	Mr Thomas Creedon
Solicitors for the Respondent:	Australian Government Solicitor

ANNEXURE A

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

1. MEMBER:  Thank you.  This is an application for review of a citizenship application pursuant to section 21 of the Australian Citizenship Act 2007 and on 12 December 2019 the delegate refused the application.  The facts have been discussed this morning.  I have considered the written submissions from the Applicant and the oral submissions from the Applicant.  Also, I have considered the written submissions from the Respondent, in particular the submissions dated 16 September 2020 and the oral submissions of the Respondent’s representative Mr Creedon, this morning regarding the interlocutory application for dismissal.

2. I find, on the facts, and I will actually enter as an exhibit the Respondent’s submission dated 16 September 2020, together with annexures A through to C.  That evidence clearly shows, and it is not disputed in any real sense, that criminal charges remain pending, both via a diversion plan, and also stand-alone matters pursuant to a criminal check results report, which is annexure C. 

3. Under those circumstances and with that finding it is apparent, pursuant to

   
   

   sections 24(6)(a) and 24(6)(g) of the Australian Citizenship Act 2007 that neither the Minister, nor the Tribunal standing in the shoes of the Minister or his delegate, can permit this application to go further because with those sections enlivened the Tribunal is prohibited from approving a citizenship application. 

4. In those circumstances the Tribunal has no alternative in law but to dismiss this application for review because the application for review has no reasonable prospects of success, and it is thereby dismissed pursuant to section 42B(1)(b) of the Administrative Appeals Tribunal Act1975.

5. As I have said, having done that, if at a time in the future Mr Awad finds himself with no pending criminal charges in an Australian court, then it is open to him to make a new application for Australian citizenship if he chooses to do so.