Kola and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by an Albanian citizen. The applicant first arrived in Australia in 2000 and departed in 2007, returning on a temporary partner visa. Upon his return in 2008, he was arrested in relation to offences committed prior to his 2007 departure. The Minister refused the citizenship application, finding the applicant was not of good character. The Administrative Appeals Tribunal affirmed this decision.

The primary legal issue before the Tribunal was whether the applicant was of "good character" at the time of the Minister's decision, as required by section 21(2)(h) of the *Australian Citizenship Act 1948* (Cth). The Tribunal was required to make an objective assessment of the applicant's enduring moral qualities, distinguishing right from wrong, behaving ethically, and conforming to Australian societal rules and values.

The Tribunal applied the principles established in *Irving v Minister for Immigration, Local Government and Ethnic Affairs*, which define "good character" as referring to enduring moral qualities rather than public reputation. The Tribunal considered the applicant's past property, drug, and dishonesty offences in its assessment. While acknowledging that the applicant might be found to be of good character in the future if he maintained a positive lifestyle and exhibited good behaviour, the Tribunal affirmed the decision to refuse his current application for citizenship.