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

This matter concerned an application for Australian citizenship by Mr. Nguyen, with the Minister for Immigration, Citizenship, and Multicultural Affairs as the respondent. The core dispute revolved around whether Mr. Nguyen satisfied the good character requirement stipulated in paragraph 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). The decision was made by the Hon. John Pascoe AC CVO, Deputy President, of the Administrative Appeals Tribunal.

The Tribunal was required to determine if Mr. Nguyen was a person of good character for the purposes of the Act, considering his background, criminal history, and character references. This involved a holistic assessment of his behaviour over a lasting period, taking into account the evidence presented, including his own testimony, statements from others, and his interactions with the Department.

The Deputy President reasoned that while Mr. Nguyen's offending might have been on the less serious end of the scale, there were significant discrepancies concerning his arrival in Australia, including an apparent breach of his visa conditions, and the circumstances surrounding his first marriage. The Tribunal noted concerns about the lack of evidence from Mr. Nguyen's second wife and found that Mr. Nguyen had not been entirely truthful with the Department in a previous notice, with some of his answers to the Tribunal being evasive. Despite acknowledging that Mr. Nguyen had been law-abiding for the past four years, had a supportive network, was gainfully employed, and paid taxes, the Tribunal was ultimately unable to form an affirmative belief that he was of good character.

Consequently, the Tribunal affirmed the decision under review, finding that it was not satisfied that Mr. Nguyen was a person of good character at that time. However, the Deputy President expressed the opinion that if Mr. Nguyen continued on his current path for a few more years, a future Tribunal might be satisfied of his good character.