Gjergji and Minister for Home Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by Mr Albert Gjergji. The Minister for Home Affairs refused the application on the grounds that Mr Gjergji did not satisfy the good character requirement stipulated in section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). Mr Gjergji sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether Mr Gjergji was a person of good character for the purposes of section 21(2)(h) of the Act. This assessment involved considering various aspects of his history, including his entry into Australia using a fraudulent passport, his subsequent application for a Protection Visa, and criminal charges for cultivating cannabis and possessing prescribed equipment, for which he received fines but no convictions. The Minister also raised a new argument during the hearing that Mr Gjergji had failed to disclose his use of a false passport in his citizenship application, which was contended to demonstrate dishonesty.

The Tribunal reasoned that while the use of a fraudulent passport is a serious offence, Mr Gjergji had disclosed this fact to the Department within three weeks of his arrival in Australia. Furthermore, it was common ground that Article 31 of the Refugee Convention applied to Mr Gjergji, meaning no adverse findings could be made against him regarding his illegal entry or presence. The Tribunal noted that no prosecution was brought against him under the *Foreign Passports (Law Enforcement and Security) Act 2005* (Cth). Regarding the criminal charges, the Tribunal considered them in light of the overall circumstances and the character references provided. The Tribunal found that, on balance and in aggregate, the evidence demonstrated that Mr Gjergji was a person of good character, having respected the law, been truthful in his dealings with the government, and exhibited positive qualities as evidenced by community references.

Accordingly, the Tribunal set aside the Minister's decision and remitted the matter to the Minister for reconsideration, with a direction that Mr Gjergji be considered a person of good character for the purposes of section 21(2)(h) of the Act.