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

This matter concerned an application for Australian citizenship by conferral by Mr Qin, who had arrived in Australia as an unauthorised maritime arrival in 2012 and held a protection visa. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused Mr Qin's citizenship application on the grounds that he did not satisfy the good character requirement. The Administrative Appeals Tribunal was required to review this decision.

The primary legal issue before the Tribunal was whether Mr Qin met the "good character" requirement for citizenship under section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). This involved determining the meaning of "good character" in the context of the Act, considering relevant case law and the Department's Citizenship Policy, and assessing whether Mr Qin's past conduct, including previous visa applications and his arrival in Australia, demonstrated enduring moral qualities consistent with Australian societal values.

The Tribunal reasoned that the *Australian Citizenship Act 2007* requires an applicant to positively establish good character, unlike the *Migration Act 1958* (Cth) which presumes good character unless a failure is demonstrated. Drawing on *Irving v Minister for Immigration, Local Government and Ethnic Affairs*, the Tribunal understood "good character" to refer to enduring moral qualities, distinguishing right from wrong, and behaving ethically in accordance with Australian values. The Citizenship Policy further elaborated on these qualities, including respecting the law, being truthful, and not engaging in criminal or anti-social behaviour. The Tribunal noted that while the Policy provides guidance, it does not constrain the exercise of delegated powers, requiring flexibility in its application to individual cases. The Tribunal then examined Mr Qin's history, including a previous tourist visa refusal based on fraudulent employment claims and inconsistencies in his visa and citizenship applications regarding his children and previous visa refusals.

The Tribunal affirmed the delegate's decision to refuse the application for Australian citizenship, finding that Mr Qin had not satisfied the good character requirement.