CKLL and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application to affirm a decision to revoke the Australian citizenship of the applicant, who was born in New Zealand in 1963 and had been granted Australian citizenship by conferral in 1996. The applicant had pleaded guilty in 2003 to one count of maintaining a sexual relationship with a child under 12 and eleven counts of indecent treatment of a child under 16, for which he was sentenced to three and a half years imprisonment, suspended after 12 months. The Tribunal was required to determine whether, having regard to the circumstances of the case, it was contrary to the public interest for the applicant to remain an Australian citizen.

The Tribunal considered the provisions of the Australian Citizenship Act 1948 (Cth) and relevant transitional provisions. It was not disputed that the applicant had been convicted of serious offences. The central issue was whether the public interest criterion was satisfied, meaning it would be contrary to the public interest for the applicant to be an Australian citizen. The applicant’s counsel argued that the public interest test was not met, relying on the sentencing judge's finding of a low likelihood of re-offending, psychiatric and psychological assessments indicating a low risk of sexual re-offending, and the fact that the applicant had not re-offended.

The Tribunal acknowledged the applicant's remorse and low risk of re-offending, as well as self-imposed precautions. However, it held that the Australian public has a strong interest in the welfare and wellbeing of children, and it could not be in the public interest for children to be exposed to an avoidable risk, even if low. Consequently, the Tribunal found that it would be contrary to the public interest for the applicant to be an Australian citizen and affirmed the decision under review.