CHU and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an appeal by Mr Chu against a decision of the Minister for Immigration and Border Protection to refuse his application for citizenship by conferral. The central dispute revolved around whether Mr Chu met the "good character" requirement for citizenship under the Australian Citizenship Act 2007 (Cth). The appeal was heard by Deputy President B W Rayment.

The primary legal issue before the Tribunal was to determine whether Mr Chu was of good character at the time of the decision on his application, as mandated by section 21(2)(h) of the Australian Citizenship Act 2007 (Cth). This required the Tribunal to consider his criminal history, specifically significant offences committed in June 2011, alongside his subsequent conduct, remorse, and evidence of rehabilitation.

Deputy President Rayment acknowledged Mr Chu's expressions of remorse and his reduced alcohol consumption, supported by testimony from witnesses who confirmed his current habits and believed in his rehabilitation. While these witnesses, who were Australian citizens in good standing, described his pre-offence conduct positively and expressed shock at his past actions, the Tribunal found that insufficient time had passed since the 2011 offences for it to be satisfied that Mr Chu was of good character. The Tribunal indicated that the offences should not be a permanent bar to citizenship and that continued good behaviour might allow him to satisfy the requirement in the future, but this was not the case at the time of the decision.

Consequently, the Tribunal affirmed the reviewable decision to refuse citizenship by conferral.