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

This matter concerned an application for citizenship by conferral, which had been refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on the grounds that the applicant was not of good character. The applicant had previous drug and sex offences for which he was imprisoned. The decision was heard by Deputy B W Rayment Oam Qc P.

The central legal issue before the court was whether the applicant was of good character for the purposes of his citizenship application, notwithstanding his past offending. This required the court to consider the nature of the past offences, the applicant's subsequent conduct, and any mitigating circumstances surrounding his offending and rehabilitation.

The court reasoned that while the applicant's past offending was serious, it was a singular event in a long period of otherwise good behaviour. The court took into account evidence that the applicant suffered from a brain injury at the time of the offending, that it was his first and only period of offending, and that he had demonstrated significant rehabilitation since his release from prison. This included obtaining qualifications in gaol, volunteering with charitable organisations, and working for many years with homeless individuals facing similar challenges to those he had previously experienced. The court also considered expert opinion from a psychologist who expressed confidence in the applicant's future good conduct and noted his sustained period of being drug and alcohol free. The court concluded that the applicant's period of offending was an exception to his overall good behaviour and that he had made a conscious effort to atone for his past wrongs.

The court set aside the Minister's decision and remitted the matter to the respondent with a direction that the applicant is of good character.