Britos and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral by Mr Britos, a citizen of the Philippines. The Minister for Immigration and Border Protection refused the application on the grounds that Mr Britos was not of good character. Mr Britos sought review of this decision before Deputy J W Constance P.

The primary legal issue before the court was whether Mr Britos was of good character at the time of the Minister's decision, as required by section 21(2)(h) of the Australian Citizenship Act 2007 (Cth). This required an assessment of Mr Britos' enduring moral qualities, his respect for and abiding by Australian laws, and his truthfulness in dealings with the Australian Government, in accordance with the Citizenship Policy.

Deputy J W Constance P found that Mr Britos had resided in Australia unlawfully for significant periods between 1989 and 2009, despite knowing he required a visa to remain in the country and work. While Mr Britos claimed his initial decision not to return to his ship was due to family circumstances, the court was not satisfied that these circumstances outweighed his deliberate choice to remain in Australia unlawfully for better employment prospects. The court noted that Mr Britos' compliance with Australian laws only commenced after he was granted a permanent visa, and found his evidence regarding his reasons for remaining in Australia to be unreliable. Consequently, the court was not satisfied that Mr Britos had demonstrated the enduring moral qualities necessary to be considered of good character.

The court affirmed the decision of the delegate of the Minister for Immigration and Border Protection to refuse Mr Britos' application for Australian citizenship.