Dolma and Secretary, Department of Home Affairs (Citizenship)

This matter concerned an application for citizenship where the applicant was found to be of not good character due to alleged dishonest dealings with the Department, including the provision of bogus documents and incorrect information. The applicant disputed these findings, asserting she genuinely believed the documents were authentic and had always been truthful in her dealings with the Department. The case came before Deputy B W Rayment Oam Qc P.

The primary legal issue before the court was whether the applicant possessed the requisite good character for citizenship, specifically in light of the Department's findings of dishonesty and the provision of allegedly bogus documents. The court was required to determine if the applicant had, in fact, acted dishonestly or knowingly provided false information, or if she genuinely believed the documents to be authentic.

The court accepted the applicant's evidence, including her testimony that she had always been truthful in her dealings with the Department. This acceptance was supported by extensive character evidence from Dr Geoffrey Thomas and his wife Mrs Ursula Thomas, who had known the applicant for twelve years and described her as an ethical, hardworking, and kind individual who embodies Australian principles. Based on this evidence, the court concluded that the applicant was honest in her dealings and of good character. Consequently, the reviewable decision to cancel the applicant's approval for citizenship was set aside and rescinded.