Carey and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for citizenship by conferral by Mr Carey, who held a Special Category Class TY subclass 444 visa. The Minister for Immigration and Border Protection had refused Mr Carey's application on the grounds that he did not meet the "good character" requirement, due to previous convictions for drug offences, dishonesty, and carnal knowledge of a minor, as well as reporting obligation offences. The decision was reviewed by Mr P W Taylor SC, Senior Member.

The primary legal issue before the Senior Member was whether Mr Carey possessed the requisite good character for citizenship by conferral, notwithstanding his past criminal convictions. This involved assessing the nature and circumstances of his offences, his personal circumstances at the time of the offending, and his conduct and character in the period subsequent to those convictions. The Senior Member was required to determine if his past criminal record, particularly the drug-related carnal knowledge offence, was outweighed by evidence of contemporary good character.

The Senior Member reasoned that while Mr Carey's drug-related carnal knowledge offence and significant drug use, occurring in the aftermath of a traumatic personal event (the murder of his partner's son in 1999), were serious and questioned his character, they were informed by his circumstances at that time. The Senior Member found that Mr Carey had been an ordinary and law-abiding young man prior to 2001-2002, and that his circumstances had significantly changed, particularly since his partnership with Mrs Carey in late 2009. Applying the principles of character assessment, which consider contemporary good character, the Senior Member was satisfied that Mr Carey was, at the present time, a person of good character. Consequently, the decision under review was set aside, and Mr Carey's citizenship application was remitted to the Minister for reconsideration in accordance with the Senior Member's reasons and findings.