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

The Administrative Appeals Tribunal (AAT) considered the citizenship by conferral applications of VYWY and her child, BRPN, following a refusal by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The central dispute concerned whether VYWY met the "good character" requirement for Australian citizenship, a criterion assessed at the time of the Minister's decision. The AAT also had to consider the application of BRPN, a child under 16, in light of VYWY's circumstances.

The legal issues before the Tribunal were whether VYWY was of good character, as required by section 21(2)(h) of the *Australian Citizenship Act 2007* (Cth), and consequently, whether her application for citizenship by conferral should be approved. A related issue was how BRPN's application should be assessed, particularly given that children under 16 are typically assessed in their own right if a responsible parent's application is refused. The Tribunal also had to consider the seriousness of VYWY's offending, the time elapsed since the offending, and any mitigating circumstances, including her history as a domestic violence survivor.

The Tribunal reasoned that while VYWY had experienced significant personal hardship, including domestic violence and homelessness, which she argued contributed to her offending, the nature and scale of her fraud were substantial. She had intentionally provided incorrect information to Centrelink over an extended period, resulting in significant financial advantage to which she was not entitled. The Tribunal noted that VYWY had pleaded guilty to the charges and was repaying a substantial repatriation order, which would take approximately 26 years to discharge at her current repayment rate. This long-term financial obligation was considered demonstrative of the seriousness of her conduct. Despite acknowledging her efforts to improve her life, including seeking psychological support and undertaking vocational training, the Tribunal concluded that the gravity of her past offending, particularly the sustained dishonesty to obtain Commonwealth funds, weighed against a finding of good character at the time of the decision.

The Tribunal affirmed the decisions under review, meaning the applications for citizenship by conferral for both VYWY and BRPN were refused.