Embaye and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by the Applicant, Ms Embaye, and the Minister for Immigration, Citizenship and Multicultural Affairs. The core dispute revolved around whether the Applicant satisfied the "good character" requirement for citizenship, as the Minister had refused her application based on adverse information. The Administrative Appeals Tribunal (AAT) affirmed the delegate's decision to refuse the application.

The AAT was required to determine whether the Applicant was of good character at the time of the Minister's decision. This involved assessing the Applicant's conduct, including information provided during her visa application process and while she was a visa holder in Australia, and during the processing of her citizenship application. Specifically, the Tribunal considered allegations of providing false or misleading information, including failing to declare a child and failing to advise of the cessation of a second marriage, as well as interactions with the WA Department of Communities and an outstanding debt to the Commonwealth.

The Tribunal reasoned that the assessment of good character requires consideration of enduring moral qualities, not just community standing. It applied the principles outlined in Citizenship Policy Instruction (CPI15), which states that a person of good character would not practise deception or fraud. The Tribunal found that the Applicant had provided false or misleading information on several occasions, most significantly by omitting to declare a child and failing to disclose the end of her second marriage. While acknowledging a potential reason for the omission regarding her child, the Tribunal found the overall uncertainty surrounding this and the circumstances of her second marriage cast doubt on her character. The Tribunal also noted the Applicant's lack of insight and remorse regarding her interactions with the WA Department of Communities, concluding that the cumulative effect of the false information, omissions, and lack of remorse created sufficient doubt as to her good character.

The Tribunal affirmed the decision to refuse the Applicant's application for Australian citizenship by conferral.