Emenogu and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by the Applicant, Mr Emenogu, against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The core dispute revolved around whether the Applicant satisfied the "good character" requirement under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The decision was heard by the Hon. John Pascoe AC CVO, Deputy President.

The legal issue before the Tribunal was whether the Applicant was of good character at the time of the Minister's decision on his citizenship application. This assessment was required despite the Applicant having satisfied all other general eligibility criteria for citizenship under section 21(2) of the Act. The Applicant's criminal convictions and his failure to disclose these convictions on his application were central to the delegate's initial decision not to be satisfied of his good character.

The Tribunal considered the Applicant's explanation for his failure to disclose his convictions, which he attributed to poor English language skills and personal difficulties at the time, despite having completed high school in English. The Applicant also provided his account of two incidents leading to criminal charges: an altercation at a football match and the sending of an image via mobile telephone. While the Applicant expressed remorse and highlighted his community involvement and stable personal life, the Tribunal also had regard to witness statements that differed from his version of events. The Tribunal's reasoning focused on the Applicant's conduct and his candour in disclosing his criminal history, which are key considerations in assessing good character.

Ultimately, the Tribunal affirmed the delegate's decision, finding that the Applicant had not satisfied the good character requirement under section 21(2)(h) of the *Australian Citizenship Act 2007*. The Applicant's failure to disclose his criminal convictions on his citizenship application was a significant factor in this determination.