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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse the applicant's application for Australian citizenship. The refusal was based on the applicant not being of "good character" as required by paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The delegate's decision was informed by the applicant's record of committing a serious crime, specifically making a false document to obtain property, and numerous traffic offences. Additionally, at the hearing, the respondent sought to rely on the revocation of a community service order imposed on the applicant due to non-compliance.

The Tribunal was required to determine whether the applicant was a person of good character for the purposes of the Act, considering his past offending behaviour, including the making of a false document to obtain property and extensive driving offences. The Tribunal also had to consider the significance of the revoked community service order and the time elapsed since the commission of the offences.

The Tribunal acknowledged the applicant's forthrightness in admitting his involvement in the criminal enterprise and his explanation for his actions, attributing them to a difficult life, depression, and exploitation by friends. The Tribunal noted that the applicant had severed ties with these individuals and expressed a desire to avoid future negative associations. However, the Tribunal found that the applicant's explanation, while accepted, did not negate the seriousness of his past conduct. The Tribunal also gave limited weight to the character references provided, as they did not address the applicant's offending behaviour. Ultimately, the Tribunal affirmed the delegate's decision, finding that the applicant had not demonstrated that he was a person of good character at the time of the Minister's decision.