Am I of ‘good character’ to become Australian citizen?
When an Australian permanent resident applies to become an Australian citizen, one of the legislative requirements is on section21(2)(h) to the Citizenship Act 2007, which requires that the Minister satisfies that the applicant ‘is of good character at the time of the Minister’s decision on the application.’
What is good character?
The term ‘good character’ is not defined in the Act. The Federal Court (FC) and the Administrative Appeals Tribunal (the AAT) have used the ordinary meaning of the words, and made reference to dictionary definitions. Most cases have adopted the definition from the Full FC judgment in Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 68 FCR 422; at 431-432):
Unless the terms of the Act and regulations require some other meaning be applied, the words “good character” should be taken to be used in their ordinary sense, namely, a reference to the enduring moral qualities of a person, and not the good standing, fame or repute of that person in the community. The former is an objective assessment apt to be proved as a fact while the latter is a review of subjective public opinion… A person who has been convicted of a serious crime and thereafter held in contempt in the community, nonetheless may show that he or she has reformed and is of good character… Conversely, a person of good repute may be shown by objective assessment to be a person of bad character.
The phrase ‘enduring moral qualities’ encompasses the following concepts:
· characteristics which have endured over a long period of time;
· distinguishing right from wrong; and
· behaving in an ethical manner, conforming to the rules and values of Australian society.
The good character requirement necessitates consideration of an applicant viewed in a holistic way; that is, all aspects of his/her life may be relevant to consideration of character.
A decision-maker can be satisfied that an applicant is of good character if the applicant has demonstrated good enduring/lasting moral qualities that are evident before their visa application and throughout the time the applicant held a visa, and during the time their citizenship application was lodged and processed.
A recent case
In a recent AAT’s decision on Safar and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2022] AATA 1372 (31 May 2022), the citizenship application was refused as the applicant committed two violent offences in 2014 which resulted him to receive a three-month sentence of imprisonment and 18-month Community Corrections Order (CCO).
However, it is of concern to the Tribunal that almost eight years after his convictions, the applicant continues to blame his victims for reporting him to police as ‘an excuse’ to separate from him. The citizenship applicant’s expressions of remorse during the hearing had more to do with his own personal circumstances than the effects on his victims. His claims about the passage of time and rehabilitative progress, are contradicted by continuing mischaracterisation of his past conduct and its harmful effects on his former partner and their children.
The Tribunal is therefore unconvinced the citizenship applicant is persuasively reformed. Hence, the Tribunal affirms the decision under review.
How Can Agape Henry Crux Help You?
If you want to find out more about your visa or need advice on your Australian migration matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
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