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

This matter concerned an application for Australian citizenship by Mr Lowery, which had been refused by the Minister for Immigration, Citizenship and Multicultural Affairs. The central dispute revolved around whether Mr Lowery was of "good character" as required by section 21(2) of the *Australian Citizenship Act 2007* (Cth). The decision was made by N A Manetta SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether it was satisfied that Mr Lowery possessed good character, considering his criminal history, personal background, and current circumstances. This involved evaluating the weight and relevance of past offending, particularly in light of the passage of time and evidence of personal change, as well as assessing his family life, economic contributions, and overall rehabilitation.

The Tribunal reasoned that while Mr Lowery had a criminal history, including serious offending, the majority of this conduct was very old, with his last serious offending occurring in 2014. It noted that his alcohol misuse, reflected in traffic offences, had ceased in 1996. The Tribunal also took into account his difficult childhood, his stable marital relationship, his four children and twelve grandchildren in Australia, and his substantial economic and emotional support for his family, particularly his two oldest children. Applying the principle that character can change over time, and weighing the totality of the evidence, the Tribunal concluded that it was satisfied Mr Lowery was of good character. The decision under review was set aside, and a substituted decision was made that the Tribunal was satisfied of Mr Lowery's good character.