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

This matter concerned an application for Australian citizenship by conferral made by Mr Zhang. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused the application on the basis that Mr Zhang did not satisfy the good character requirement under section 21(4)(f) of the *Australian Citizenship Act 1948* (Cth). Mr Zhang sought review of this decision in the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether Mr Zhang was a person of good character at the time of the Tribunal's decision, as required by section 21(4)(f) of the Act. This assessment was to be made in light of allegations of corruption and fraud contained in an Interpol Red Notice issued by Chinese authorities, and Mr Zhang's explanation for the circumstances surrounding these allegations.

The Tribunal considered the Red Notice, which alleged Mr Zhang had misappropriated 500,000 Yuan of state property for personal use, and had subsequently taken steps to conceal this by altering property ownership documents. Mr Zhang acknowledged receiving the funds without documentation and that he believed it could lead to trouble, but explained he was in a difficult personal situation and needed better accommodation. He stated that no issues arose for 16 years until his employer went into administration. The Tribunal also had regard to character references provided by Mr Zhang's neighbours. The Tribunal found that the evidence before it did not provide sufficient material to satisfy it that Mr Zhang was not of good character.

The Tribunal set aside the Delegate's decision and remitted the application to the Minister for reconsideration.