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

The applicant, FVVM, sought Australian citizenship by conferral, but his application was refused by the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute centred on whether the applicant was of good character, a requirement for citizenship under the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal (the Tribunal) affirmed the Minister's decision.

The primary legal issue before the Tribunal was whether it could be satisfied that the applicant was of good character, particularly in light of his provision of false personal information regarding his family composition. This assessment involved considering the application of Citizenship Procedural Instruction 15 and the weight to be given to various aspects of the applicant's conduct, including admissions made during proceedings, expressions of remorse, and employment history.

The Tribunal found that while the applicant's admissions and expressions of regret at the hearing were noted, they were diminished by the lack of full disclosure when he had previously expressed remorse. The Tribunal observed a pattern of dishonesty, initiated in difficult circumstances when young and maintained into adulthood, with full disclosure only occurring after the respondent questioned the veracity of his information. Despite this, the Tribunal also considered positive aspects of the applicant's conduct, such as his consistent employment, positive employer references, and the absence of serious criminal convictions. However, the weight attributed to these favourable references was diminished by the fact that the referees were unaware of the conduct in question. The Tribunal ultimately concluded that the applicant's conduct did not speak well of his character, and therefore, it could not be satisfied that he was of good character.