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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to revoke the Australian citizenship of the Applicant. The Applicant, aged 59, had been convicted in the District Court of New South Wales in May 2018 of child abuse offences, including producing and possessing child abuse material, and filming a person in a private act. He was sentenced to an aggregate term of imprisonment of three years with a non-parole period of 24 months, and has since been released on parole. The offences involved the possession of a large number of child abuse images and the filming of his daughter, aged between 12 and 14 at the time, in private acts without her consent.

The Tribunal was required to determine two key issues: first, whether it was satisfied that it would be contrary to the public interest for the Applicant to remain an Australian citizen; and second, if so, whether the discretion to revoke his citizenship should be exercised. In considering these issues, the Tribunal had regard to the Applicant's evidence of remorse, his engagement in rehabilitation programs, his compliance with parole, and his subsequent employment and new relationship. The Applicant argued that his progress and sincere approach to rehabilitation warranted the exercise of discretion in his favour.

The Tribunal reasoned that there was a public interest in preventing the perception that citizenship could shield individuals from consequences of criminal conduct, thereby reinforcing that citizenship is a privilege granted with the expectation of meeting community standards. While acknowledging the Applicant's rehabilitation efforts, the Tribunal gave them limited weight in the context of the decision to revoke citizenship, noting that the Applicant could remain in Australia as a holder of an ex-citizen visa. The Tribunal concluded that the factors weighing against the Applicant remaining a citizen were of greater significance.

Accordingly, the Tribunal affirmed the reviewable decision of the Minister to revoke the Applicant's Australian citizenship.