Why is Australian Citizenship and Character Requirements so important and what is the meaning of good character?
Good Character
Section 21(2) require you to be of good character at the time of the decision to grant or refuse your Australian citizenship application. What this means is that the decision-maker must be satisfied that you are of good character when the decision on your Australian citizenship application is made.
The meaning of “good character” is not defined in the Citizenship Act. The decision-maker must therefore be guided by court interpretation of what constitutes good character and by the Australian Citizenship Policy.
The decision-maker is required to consider the issues of character until they are “satisfied” on a reasonable basis that you are, or are not, of good character when considering your application for Australian citizenship.
In Fenn Vs Minister for Immigration and Multicultural Affairs [2000] AATA 931 (25 October 2000) Deputy President Breen discussed the role of the character requirement in a citizenship application (at [8]):
‘The grant of Australian citizenship is a privilege not bestowed lightly. It is given to those who uphold the values of the Australian community and who are willing to make a positive contribution to the country they want to call home. The refusal to grant citizenship is not a second form of punishment, which is the domain of the Criminal Courts. It is simply the right of the Australian community to decide whom they wish to have included as fellow citizens, which is a function of the State. The refusal does not deprive Mr Fenn of any rights he currently holds, nor does it prevent him from applying for citizenship again
in a few years’ time when he can demonstrate a long period of positive contribution to the Australian community.’
Community Standards
An assessment of whether a person is of good character must have regard to the community standards.
In Zheng v Minister for Immigration and Citizenship (2011) AATA 304 at [120], community standard is loyalty to Australia, a belief in a democratic form of government, a respect for the rights and liberties of all Australians and obedience to and observance of the law.
Characteristics of good character in an Australian citizenship application
The Citizenship Policy states that you are of good character if you respect and abide by the law in Australia and other countries.
In addition, you may be considered to be of good character if you satisfy the following:
- must be honest and financially responsible, for example, pay taxes and not be in dishonest receipt of public funds;
- must not be violent, involves in drugs or unlawful sexual activity, and not cause harm to others through your conduct;
- must not be associated with others who are involved in anti-social or criminal behaviour, or others who do not uphold and obey the laws of Australia;
- must not have evaded immigration control or assisted others to do so, or been involved in the illegal movement of people;
- must not have committed, been involved with or associated with war crimes, crimes against humanity and/or genocide
- must not be the subject of any extradition order or other international arrest warrant
- must not be involved in or providing assistance to, or reasonably suspected of being involved in or providing assistance to, terrorist organisations or acts of terrorism overseas or in Australia and
- are truthful and not practice deception or fraud in their dealings with the Australian Government, or other governments and organisations, for eg:
- providing false personal information (such as fraudulent work experience or qualification documents) or other material deception during visa and citizenship applications
- involvement in bogus marriage
- involvement in Centrelink or ATO fraud
Evidence to establish good character:
The following evidence may be helpful in your submissions for citizenship application on character grounds:
- Character references from friends and work colleagues. They must be aware of your offending;
- Evidence of employment history;
- Evidence that you have cooperated with the Department of Home Affairs and/or the authorities;
- Evidence of your age at the time of offending
- Evidence of supporting your community, your place of worship, your or your children school, etc;
- Evidence of the sentencing magistrate or judge comments on your offending;
- Reports from psychologists and/or social workers of the successful completion of your rehabilitation programs and their opinion as to the likelihood of future offending; and
- Evidence of how you have made effort to improve your life and avoid further offending.
Appeal
If your citizenship application is refused, then you have the right to ask for it to be reviewed by the Administrative Appeals Tribunal. Australian citizenship law is complex and difficult to understand, contact our immigration lawyer for a consultation to help you understand Australian Citizenship and Character Requirements on 0451400601 or jaspreet@gondwanalawyers.com.au
Disclaimer:
The information in this blog is general. It does not constitute and should be not relied on as, legal advice.
We try to ensure that the content of this information is accurate, adequate or complete, it does not represent or warrant its accuracy, adequacy or completeness. We are not responsible for any loss suffered as a result of or in relation to the use of this information.
