Tran and Minister for Immigration and Multicultural Affairs (Citizenship)
[2025] ARTA 703
•6 June 2025
Tran and Minister for Immigration and Multicultural Affairs (Citizenship) [2025] ARTA 703 (6 June 2025)
Applicant:Quang San Tran
Respondent: Minister for Immigration and Multicultural Affairs
Tribunal Number: 2024/10631
Tribunal:General Member A. Maryniak KC
Place:Melbourne
Date:6 June 2025
Decision:The Tribunal affirms the decision under review.
.................................[SGD].......................................
General Member A. Maryniak KC
Catchwords
CITIZENSHIP – Refusal to grant applicant’s citizenship – citizenship prohibition – offences pending – reviewable decision affirmed
Legislation
Administrative Review Tribunal Act 2024 (Cth)
Australian Citizenship Act 2007 (Cth)
Cases
Nil
Secondary Materials
Nil
Statement of Reasons
The Applicant seeks review of a 3 December 2024 decision refusing the Applicant’s citizenship application on the grounds of s 24(6)(a) of the Australian Citizenship Act 2007 (Cth) (the Act).
The Applicant failed to appear at the video hearing of his application listed for 4 June 2025 despite being on notice by email dated 3 June 2025 that the Tribunal would proceed with the hearing if he failed to appear. The Tribunal notes that recent emails received from the Applicant do not constitute a sufficient basis to adjourn the hearing, particularly in light of the submissions contained within the Respondent’s Statement of Facts, Issues and Contentions dated 1 May 2025, as considered below.
Due to the non-appearance by the Applicant, the Respondent submitted that the Tribunal should proceed to deal with the Application pursuant to s 106(5) of the Administrative Review Tribunal Act 2024 (Cth). The Tribunal is satisfied that the requirements of s106(5)(a) to (d) are met and accordingly deals with the Application on that basis.
The sole issue is whether the citizenship prohibition (the Prohibition) in s24(6)(a) of the Act applies to this Application, namely that citizenship must not be approved where an applicant has legal proceedings for an offence against an Australian law pending, at the time of the citizenship application.
The Tribunal has considered the content of the Joint Tender Bundle (the JTB) provided and the submissions within the Respondent’s Statement of Facts, Issues and Contentions (the Respondent’s Submissions).
The background facts are fairly summarised in paragraphs 4 to 14 of the Respondent’s Submissions. Critically, the Applicant faces a trial in the County Court of Victoria, charged with fail give way intersection give way sign, careless driving a motor vehicle, drive manner dangerous cause serious injury and drive in manner dangerous causing death. That trial is listed for 23 June 2025.[1]
[1] JTB p247.
Such facts are made out on the material within the JTB and provide the grounds for a finding that proceedings against an Australian law are pending in relation to the Applicant. The Tribunal so finds.
Consequently, the Prohibition applies to this Application and the Tribunal (standing in the shoes of the Minister) must not approve the Application, pursuant to s24(6)(a) of the Act.
The decision under review is affirmed.
I certify that the preceding 9 (nine) paragraphs are a true copy of the reasons for the decision herein of General Member A. Maryniak KC
.....................[SGD]...........................
Associate
Dated: 6 June 2025
Date of hearing: 4 June 2025 Applicant: No appearance Solicitor for the Respondent Ms Sophie Ward, AGS
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