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

This matter concerned an application for Australian citizenship by conferral, brought by the Applicant against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The central dispute revolved around whether the Applicant met the "good character" requirement stipulated in section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth), particularly in light of past criminal convictions and the failure to disclose these convictions in his application. The case was heard by Mr S Evans, a Member of the Tribunal.

The legal issues before the Tribunal were twofold: firstly, whether the Applicant was of "good character" at the time of the Tribunal's decision, and secondly, the weight to be given to his past criminal convictions, which occurred when he was 17 and 28 years old, and his subsequent failure to disclose them in his citizenship application. The Tribunal was required to assess the Applicant's overall conduct and circumstances to determine if he satisfied the character requirement for citizenship.

The Tribunal found the Applicant to be a credible witness who attempted to provide honest answers, despite evident nervousness and difficulty recalling details due to poor memory and demanding work hours. It accepted that his failure to respond to departmental and Tribunal communications was due to confusion with the application process and administrative obligations, rather than an intent to mislead. While acknowledging that the Applicant's failure to disclose his convictions was a serious matter that counted against a finding of good character, the Tribunal considered the context of his offending and his current circumstances. Ultimately, the Tribunal was satisfied that the Applicant currently met the good character requirement. The reviewable decision was set aside and remitted to the Respondent for reconsideration, with a direction that the Applicant be considered a person of good character who satisfies section 21(2)(h) of the Act.