Kerris and Minister for Immigration and Border Protection (Citizenship)

The Administrative Appeals Tribunal (AAT) considered the case of Kerris and the Minister for Immigration and Border Protection concerning an application for citizenship. The central dispute revolved around whether the applicant, Ms. Kerris, was a person of good character as required by the relevant legislation.

The AAT was tasked with determining if Ms. Kerris met the "good character" requirement for citizenship. This involved assessing whether her past behaviour aligned with community standards and demonstrated respect for and adherence to the law, despite her otherwise unblemished criminal record and positive employment history.

The Tribunal applied the principles outlined in its Policy, which directs decision-makers to consider community standards rather than personal ones when evaluating good character. This involves asking whether a person of good character would have behaved as the applicant did, whether they have upheld and obeyed the law, and whether their conduct is in accordance with Australia's democratic beliefs and respect for rights and liberties. While acknowledging Ms. Kerris's positive employment references and lack of prior criminal history, the Tribunal ultimately found that, at the present time, she did not meet the standard of good character required for citizenship. Consequently, the decision under review was affirmed.