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

This matter concerned an application for Australian citizenship by Mr Lakoh, which had been refused by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The refusal was based on concerns about Mr Lakoh's good character, stemming from his criminal and driving records. Mr Lakoh sought a review of this decision before the Tribunal.

The Tribunal was required to determine whether Mr Lakoh was of good character for the purposes of the *Australian Citizenship Act 2007* (Cth). This involved considering the nature and extent of his past offences and whether they demonstrated the "enduring moral qualities" associated with good character over a sufficient period. The delegate had identified numerous driving offences, including driving unregistered vehicles, driving with a suspended licence, offensive language, and driving under the influence of alcohol, as reasons for finding Mr Lakoh not to be of good character.

The Tribunal reasoned that while Mr Lakoh's driving record contained multiple offences, many were minor and some occurred a significant time ago. The Tribunal noted that the applicant had been granted a resident return visa and had not had any further adverse findings since his last offence of driving with a suspended licence. Applying the principles of good character, the Tribunal concluded that, absent any material change in circumstances, Mr Lakoh should be found to be of good character. Consequently, the Tribunal set aside the delegate's decision and remitted the matter for further consideration, directing that the delegate be satisfied of Mr Lakoh's good character.