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

This matter concerned an application for Australian citizenship by the Applicant, who was represented by Ms De Lima, against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, represented by Mr Cummings. The core dispute revolved around whether the Applicant was a person of good character, a prerequisite for citizenship under the relevant legislation. The Administrative Appeals Tribunal (AAT) considered the Applicant's character in light of his past criminal record and his present circumstances and aspirations.

The Tribunal was required to determine if the Applicant met the "good character" requirement for Australian citizenship, as stipulated by subsection 21(2)(e) and 24(1A) of the relevant Act. This involved assessing whether the Applicant's past conduct, evidenced by his criminal record and police identification photographs, was outweighed by his present demeanour, remorse, and stated intentions for the future, including his commitment to education and building a career in Australia.

The Tribunal found that the Applicant presented as a polite and neatly dressed young man, whose demeanour differed significantly from his police identification photographs. The Applicant expressed deep remorse for his past actions, stating he was ashamed and would not repeat such behaviour, noting that over two years had passed since his last offence. He articulated a strong desire to become an Australian citizen, having lived in Australia since childhood, and expressed his commitment to pursuing a TAFE course in accounting and building a career in Australia. The Tribunal concluded that the Applicant was presently of good character.

Consequently, the Tribunal set aside the decision under review and remitted the matter to the Minister for further consideration, with a direction that the Applicant is of good character for the purposes of section 21(2)(h) of the Act.