Darwich and Minister for Immigration and Citizenship

[2007] AATA 2106

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 2106

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/399

GENERAL ADMINISTRATIVE DIVISION		)
Re		ALI DARWICH

Applicant

And MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

DECISION

Tribunal Mr P W Taylor SC, Senior Member

Date24 December 2007

PlaceSydney

Decision The Minister’s decision under review is set aside.  The Applicant’s citizenship application is remitted to the Minister for reconsideration in accordance with the reasons given below.

.............[sgd]........................

Mr PW Taylor SC, Senior Member

CATCHWORDS

IMMIGRATION AND CITIZENSHIP – application for Australian Citizenship – application refused on character grounds – criminal record – whether applicant has reformed and is now of good character – decision under review set aside.

Apprenticeship and Traineeship Act 2001 (NSW)

Australian Citizenship Act 1948 – section 13

Australian Citizenship Act 2007 – section 24(6)

Australian Citizenship Instructions

Crimes Act 1900 (NSW) – section188

Migration Act 1958 – section 501

Motor Vehicle Repairs Act 1980 (NSW) – sections 15, 18

Goldie v Minister for Immigration & Multicultural Affairs (1999) 56 ALD 321

Irving v Minster for Immigration, Local Government and Ethnic Affairs (1996) 68 FCR 422

Re Kakar and Minister for Immigration & Multicultural Affairs [2002] AATA 132

Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187

Re Mlinar and Minister for Immigration & Multicultural Affairs (1997) 48 ALD 771

REASONS FOR DECISION

24 December 2007 Mr P W Taylor SC, Senior Member         

1.      The Minister rejected Mr Darwich’s 3 October 2006 citizenship application because he was not satisfied Mr Darwich is a “person … of “good character”.  Mr Darwich is a 35 year old Syrian national.  He came to Australia in June 1994 and was granted permanent residence in June 1997.  He married an Australian citizen in July 2005.  Their daughter was born on 15 November 2006.  Mr Darwich asserts his good character and contests the Minister’s rejection of his citizenship application.

The Applicant’s conviction and sentence

2.      The Minister’s dissatisfaction about Mr Darwich’s character arises from offences for which he was imprisoned between March 2000 and June 2003.  The Minister thought that these offences took place over the period from 7 August 1998 to 14 March 1999.  The repetition of offences over that period indicated to the Minister a lack of good character, especially having regard to the period of Mr Darwich's imprisonment, which the Minister regarded as severe.  In addition, the Minister thought that Mr Darwich had only briefly disclosed his offences at the time of his application.  The totality of these considerations left the Minister dissatisfied that Mr Darwich was a person of good character.

3.      The Minister relied on a computer generated “criminal history” report provided by the New South Wales Police Service.  The report identifies the nature of the offence, the charge date and the date the matter was dealt with by conviction and sentence.  It does not disclose the actual date of the events to which the charges relate.  Properly understood, the “criminal history” report reveals the…