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

This matter concerned an appeal by Mr. Jiang against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' refusal of his application for Australian citizenship. The central dispute revolved around whether Mr. Jiang was of good character at the time of the Minister's decision, a prerequisite for citizenship under the *Australian Citizenship Act 2007* (Cth). The decision was made by A Poljak SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr. Jiang met the good character requirement as stipulated in paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth), notwithstanding his prior criminal convictions. This involved assessing the seriousness of his offending, the time elapsed since his release from prison, and whether he had demonstrated genuine remorse or insight into his past conduct.

The Tribunal found that Mr. Jiang had played a significant role in two offences involving the cultivation and supply of commercial quantities of cannabis, with the second offence involving drugs valued at approximately $545,000. His criminal conduct also included dishonesty and an attempt to flee from police. Despite character references, none addressed his criminal history or how they considered it in assessing his character. The Tribunal gave limited weight to these references, noting they failed to acknowledge his record. Furthermore, Mr. Jiang's claim that a gambling addiction contributed to his offending was not supported by evidence of rehabilitation or treatment. Crucially, in his evidence, Mr. Jiang failed to demonstrate genuine remorse or insight into his offending. Consequently, the Tribunal was not persuaded to make a positive finding of good character.

The Tribunal affirmed the decision under review, concluding that Mr. Jiang did not satisfy the good character requirement. He was advised that he could make a fresh application for citizenship in the future.