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

The Administrative Appeals Tribunal (the Tribunal) considered the matter of Pulini and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the Minister's decision to revoke the applicants' Australian citizenship, which the applicants sought to have reviewed.

The Tribunal was required to determine two key issues. First, whether it was contrary to the public interest for the applicants to remain Australian citizens. Second, if it was found to be contrary to the public interest, whether the discretion to revoke their citizenship ought to be exercised.

In its reasoning, the Tribunal considered several factors, including the nature and severity of the offences perpetrated by the applicants. The Tribunal agreed with the Minister that offences involving human trafficking and causing a person to enter into or remain in forced labour are fundamentally contrary to decent and ethical conduct. The Tribunal noted that Mrs Pulini was convicted of trafficking in persons, and both applicants were convicted of harbouring an unlawful non-citizen and causing a person to enter into or remain in forced labour. These offences, carrying significant maximum penalties, were described as crimes of the most serious nature, reflecting Parliament's view of their gravity.

Ultimately, the Tribunal was satisfied that it should not exercise its discretion to revoke the applicants' citizenship. Consequently, the reviewable decisions were set aside and substituted with decisions not to revoke the applicants' citizenship pursuant to section 34 of the Australian Citizenship Act 2007 (Cth).