Lung and Minister for Immigration and Multicultural and Indigenou S Affairs

[2003] AATA 211

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 211

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2002/733

GENERAL ADMINISTRATIVE DIVISION		)
Re		WING TO LUNG

Applicant

And MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

DECISION

Tribunal Mr M J Sassella, Senior Member

Date5 March 2003

PlaceSydney

Decision The tribunal affirms the decision under review.

..................[Sgd]................

Senior Member

CATCHWORDS

CITIZENSHIP - Citizenship application - discretion re citizenship - "good character" – applicant’s failure to respond correctly to questions regarding offences on standard departmental form – applicant convicted of offences of goods in custody reasonably suspected of being stolen and obtaining money/valuable thing/financial advantage by deception - decision to refuse citizenship affirmed

Australian Citizenship Act 1948 ss 13(1)(a)-(j)

Mlinar and Minister for Immigration and Multicultural Affairs, Re (1997) 48 ALD 771

REASONS FOR DECISION

5 March 2003 Mr M J Sassella, Senior Member

APPLICATION

1. This is an application to the Administrative Appeals Tribunal (“the tribunal”) by Wing To Lung (“the applicant”). He seeks review of a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs (“the respondent”) dated 29 April 2002 (T2). In that decision the applicant was refused a certificate of Australian citizenship under s 13 of the Australian Citizenship Act 1948 [1](“the Act”) on the basis that he was not “a person of good character” as required by s 13(1)(f) of the Act.

[1] tribunal convened a hearing in this matter in Sydney on 16 December 2002.  Mr M Xu, a migration agent, represented the applicant.  Mr M Allatt of counsel represented the respondent.  The tribunal heard oral evidence from the applicant.  The tribunal had access to the following documentary evidence:

Exhibit TD1 – Section 37 Statement and associated documents (exhibits T1 – T9) provided by the respondent.

Exhibit A1 – Applicant’s submissions, 24 September 2002.

Exhibit A2 – Applicant’s letter to Mr Jack Rigg, undated.

Exhibit A3 – Applicant’s letter to “Edward”, undated.

Exhibit A4 – Applicant’s statement of facts and contentions, 15 August 2002.

Exhibit A5 – Freedom of Information determination of R Koopman, Legal Compliance Unit, Court and Legal Services, NSW Police, with attached criminal history, 13 August 2002.

Exhibit A6 – Statement by Mr B Law, 4 July 2002.

Exhibit A7 – Applicant’s letter to tribunal with attached certified copies of receipts of payments to Sutherland Court House.

Exhibit A8 – Applicant’s letter to tribunal, 13 August 2002.

Exhibit A9 – Statutory declaration of the applicant’s mother, Ms L Mac, 2 August 2002.

Exhibit A10 – Statement of Mr F K Tang, 23 July 2002

Exhibit R1 – Respondent’s statement of facts and contentions, 9 July 2002.

Exhibit R2 – Applicant’s letter to respondent’s representative outlining statements of applicant, 16 July 2002.

CHRONOLOGY

3.      The applicant was born in Hong Kong on 28 May 1981 (T9/20).

4.      The applicant first arrived in Australia as a permanent resident on 1 July 1997. (T9/21).

5.      On 1 February 2001 the applicant was charged with 1 count of…