Kazan and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by Mr Kazan, a citizen of Turkey who migrated to Australia in 2003. The Minister for Immigration and Border Protection refused Mr Kazan's application on the grounds that he had not demonstrated he was of good character. Mr Kazan sought review of this decision in the Federal Circuit Court of Australia.

The court was required to determine whether Mr Kazan satisfied the legislative requirement to be of good character, notwithstanding his criminal convictions and traffic infringements. This involved considering whether any mitigating factors or explanations provided by Mr Kazan outweighed his past behaviour, and whether he had demonstrated enduring moral qualities consistent with Australian community standards.

Deputy J W Constance P affirmed the delegate's decision to refuse the application. The court noted that an applicant of good character must respect and abide by Australian law. Mr Kazan had a history of domestic violence offences, including common assault, two counts of destroying or damaging property, and assault occasioning actual bodily harm, all involving his former wife. He had also accumulated numerous traffic infringements, leading to licence suspensions. While Mr Kazan presented medical reports detailing health issues, including a pituitary gland tumour, which caused headaches, irritability, and mood fluctuations, the court found that these factors did not outweigh his serious offending behaviour. The court concluded that, based on the evidence, Mr Kazan had not demonstrated the enduring moral qualities required to be considered of good character.