Rozario and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by Mr Rozario, who was born in Singapore in 1992. Mr Rozario had been a permanent resident of Australia since 2008 and had resided in Australia since November 2012. His application for citizenship was refused by the Minister for Immigration and Border Protection. The decision under review was made by Senior Member A. Nikolic AM CSC of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Rozario was of "good character" for the purposes of section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth). This required the Tribunal to be positively satisfied of his good character. A key aspect of this determination involved assessing the significance of Mr Rozario's failure to provide a Singaporean Certificate of Clearance (COC) and his admitted liability for offences in Singapore related to failing to report for mandatory National Service and remaining outside Singapore without an Exit Permit.

The Tribunal reasoned that respecting the law in Australia and other countries is a crucial factor in assessing good character. Mr Rozario had stated in his citizenship application that he was not aware of any pending proceedings against him, which was found to be incorrect given the verifiable information from Singaporean authorities indicating he had committed offences punishable by imprisonment or fine. While Mr Rozario later contended that his departure from Singapore was primarily due to conscientious objection to National Service, the Tribunal found that his most prominently stated reasons for leaving were to pursue post-graduate studies and reunite with his family in Australia. Furthermore, the Tribunal noted that the need to travel, which Mr Rozario cited as a reason for seeking citizenship, is generally not a relevant factor, and it is the applicant's responsibility to maintain valid travel documents.

Consequently, the Tribunal concluded that in light of the verifiable information regarding pending offences in Singapore and the absence of a COC, it could not be positively satisfied that Mr Rozario was of good character. Therefore, the decision under review, which affirmed the refusal of citizenship, was affirmed.