Kuster and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

The matter before the Administrative Appeals Tribunal concerned an application for Australian citizenship by descent, brought by an applicant whose mother is a citizen of Papua New Guinea (PNG). The Minister for Immigration, Citizenship and Multicultural Affairs had refused the application on the grounds that the applicant was not of good character, due to a lengthy criminal history in Australia. The applicant arrived in Australia from PNG as a child, and PNG authorities were unable to locate any record of him being a PNG citizen.

The Tribunal was required to determine two primary issues: firstly, whether the applicant was likely to be a citizen of PNG, and secondly, whether the applicant was a person of good character. The applicant’s mother provided evidence that her family originated from Manus Island, PNG, and that both she and the applicant were born on Manus Island after PNG gained independence in 1975. She also confirmed her ongoing PNG citizenship, evidenced by her PNG passport.

The Tribunal found that the applicant was likely a citizen of PNG, based on the evidence of his birth in PNG and his mother's confirmed PNG citizenship. However, the Tribunal concluded that the applicant was not a person of good character. This conclusion was based on the applicant's own evidence, which revealed a pattern of offending, including violent offences, often linked to drug abuse. Despite the applicant's claims of attempting to do good things and being in a difficult place, he could not satisfactorily explain the duality of his behaviour. The Tribunal noted that the applicant's claims of being drug-free for significant periods had occurred while he was institutionalised or in immigration detention, and his capacity to resist relapse in the unsupervised community remained untested. Consequently, the Tribunal affirmed the decision to refuse the grant of Australian citizenship.