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

This matter concerned an application for Australian citizenship by conferral, which was refused by the Minister’s delegate on the grounds that the applicant was not of good character. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the "good character" requirement stipulated in paragraph 21(2)(h) of the *Australian Citizenship Act 1948* (Cth). This required the Tribunal to determine if the applicant possessed enduring moral qualities and demonstrated an ability to distinguish right from wrong and behave ethically, conforming to Australian societal rules and values.

The Tribunal considered the applicant's extensive criminal history, particularly numerous driving offences spanning approximately 14 years, including multiple instances of drink driving and driving while disqualified. It also noted the applicant's dishonesty regarding his offending and his prolonged period as an unlawful non-citizen during which he failed to pay tax. The Tribunal applied the principles outlined in the Citizenship Policy, which guides the interpretation of "good character" by reference to enduring moral qualities, and considered mitigating factors such as the time elapsed since offending, demonstration of obedience to the law, acceptance of responsibility, remorse, and any extenuating circumstances. However, the Tribunal found the applicant's excuses for his conduct to be inadequate and indicative of a severe lack of judgment and insight, noting a persistent disregard for the law despite warnings and interventions.

The Tribunal affirmed the delegate's decision, concluding that it was not satisfied that the applicant was of good character for the purposes of the Act.