Lyla Lindsey
Australian citizenship is a privilege that is not granted lightly. Applicants must meet the 'good character' requirement, which is not explicitly defined in the Citizenship Act but is decided on a case-by-case basis. This means that the decision-maker, typically the Department of Home Affairs (DHA), must consider the court's interpretation of good character. Good character is generally understood as having enduring moral qualities, indicating that an applicant is likely to uphold the Pledge and respect the Australian way of life, obey Australian laws, and make a positive contribution to the country. The DHA may request police certificates from each country the applicant has lived in for a specified period, and applications can be refused based on criminal records or conduct that poses a risk to the Australian community.
| Characteristics | Values |
|---|---|
| Enduring moral qualities | Evidence of good behaviour before and throughout the visa and citizenship application process |
| No substantial criminal record | Disclosure of all Australian and overseas spent convictions |
| Respect for the Australian way of life | Respect for the rights and liberties of all Australians |
| Obedience to Australian laws | Belief in a democratic form of government |
| Positive contribution to the Australian community |
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What You'll Learn
Criminal record
The Australian government does not provide a clear definition of "good character" in the Citizenship Act. Instead, it is assessed on a case-by-case basis, with the decision-maker considering the court's interpretation of good character.
When it comes to criminal records, the Department of Home Affairs (DHA) states that applicants are likely to meet the character requirements if they have no substantial criminal record and demonstrate good general behaviour. Applicants must disclose all Australian and overseas spent convictions in their applications. The DHA will consider the nature and severity of the crimes committed, with a focus on whether the applicant has upheld the law and followed Australian community standards. Serious crimes, particularly those of a violent or sexual nature against vulnerable members of the community, are heavily weighted against the applicant.
The DHA also considers the length of time since the offences occurred and evidence of rehabilitation. For example, in the case of Kenneth Lynch, who had 33 convictions, including drug-related offences, the DHA refused his application in 2019, stating that they were not satisfied he was "presently a person of good character." However, the Administrative Appeals Tribunal (AAT) noted that Lynch could apply for citizenship in the future after a longer period of time free from offending and with further evidence of good character, such as character references and rehabilitation reports.
Additionally, the DHA may request police certificates for each country the applicant has lived in for a specified period, which can vary depending on the type of application. Providing false or misleading information or documents during the application process can also impact an applicant's character assessment and lead to visa cancellation.
In summary, while a criminal record does not automatically disqualify an applicant from obtaining Australian citizenship, the DHA carefully evaluates each case to ensure that the individual demonstrates good character through enduring moral qualities, respect for Australian laws and community standards, and a positive contribution to society.
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Moral qualities
The Australian government does not provide a definition of "good character" in the Citizenship Act, and decisions are made on a case-by-case basis. However, the term generally refers to the enduring moral qualities of a person, indicating whether they are likely to uphold and obey Australian laws and fulfil the commitments made through the pledge of Australian citizenship.
The Australian government may request police certificates for each country an applicant has lived in for 90 days or more if they have lived or travelled there since turning 18. This may also include all countries the applicant has lived in over the last 10 years since turning 16 or for 12 months or more. Applicants must disclose all Australian and overseas spent convictions in their application. A substantial criminal record, particularly involving violent or sexual crimes against vulnerable members of the community, may result in a refusal and forfeiture of the privilege to remain in Australia. The Department will consider the length of time a non-citizen has been contributing positively to Australian society and the impact of visa refusal or cancellation on their immediate family in Australia.
An applicant must not have evaded immigration control or assisted others in doing so. They must respect the Australian way of life and share Australia's democratic beliefs. The Australian values statement, which applies to holders of provisional or permanent visas, acknowledges that successful applicants will enjoy reciprocal rights and responsibilities, including obeying Australian laws.
Demonstrating good character over a long period, including before and throughout the visa and citizenship application processes, is essential. A person with a criminal record can still show evidence of good character and reform through character references, evidence of rehabilitation, and completion of relevant courses or counselling.
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Respect for Australian law and community standards
The Australian community has the right to decide whom they wish to include as fellow citizens, and this extends beyond just obeying the law. Australian citizenship represents full membership in the community, with reciprocal rights and obligations uniting all Australians while respecting their diversity. This includes respecting the Australian way of life and demonstrating loyalty to the country and its people.
To assess an applicant's respect for Australian law, the DHA may request police certificates from each country the applicant has lived in, especially if they have lived there for an extended period. A substantial criminal record, particularly for violent or sexual offences, can be a significant factor in the decision-making process. However, it is not an automatic disqualification, and the DHA will consider evidence of rehabilitation and positive contributions to the community.
Additionally, applicants must disclose all Australian and overseas spent convictions. Other factors, such as evading immigration control, providing false information, or not meeting visa conditions, can also reflect negatively on an applicant's respect for Australian law and community standards.
The DHA will also consider the length of time an applicant has been in Australia and their positive contributions to society. This includes assessing the consequences of visa refusal or cancellation for the applicant's family members in Australia. Demonstrating respect for the rights and liberties of all Australians and sharing the country's democratic beliefs are essential aspects of meeting the community standards required for Australian citizenship.
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Positive contribution to Australian society
The Australian government does not provide a precise definition of "good character" in the Citizenship Act. Instead, the term is assessed on a case-by-case basis, with the decision-maker considering the court's interpretation. However, "good character" generally refers to an individual's enduring moral qualities and their likelihood to uphold and obey Australian laws and values.
When assessing whether an applicant is of good character, the Department of Home Affairs (DHA) considers the applicant's ability to make a positive contribution to Australian society. This includes evaluating the length of time a non-citizen has been contributing to the Australian community. Demonstrating positive contributions to Australian society is crucial for visa and citizenship applications.
To make a positive contribution to Australian society, applicants should demonstrate their respect for the Australian way of life and commitment to upholding Australian laws and values. This includes obeying the laws of the land, respecting diversity, and believing in a democratic form of government. Applicants should also show their willingness to accept the rights and obligations that come with Australian citizenship, such as reciprocal rights and responsibilities.
Additionally, applicants can showcase their positive contribution by demonstrating good general behaviour and having no substantial criminal record. Providing police certificates from previously resided countries may be requested to ensure applicants meet these standards. Applicants with a criminal history may still be considered if they can demonstrate rehabilitation and a longer period of time without offending.
Overall, by demonstrating respect for Australian values, obeying the law, and contributing positively to the community, applicants can showcase their potential to make a positive contribution to Australian society and increase their chances of meeting the good character requirement for citizenship.
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Belief in democracy
Australian citizenship represents full and formal membership of the community of the Commonwealth of Australia. It is a privilege that is not bestowed lightly. The Australian community has the right to decide whom they wish to include as fellow citizens.
The Department of Home Affairs (DHA) assesses whether an applicant is of good character. While the term is not defined in the legislation, DHA will look at the merits of each case until they are "satisfied", on a reasoned basis, that an applicant is, or is not, of good character.
Good character refers to the enduring moral qualities of a person. This includes the belief in a democratic form of government and respect for the rights and liberties of all Australians. An applicant must demonstrate that they are willing to make a positive contribution to the country and uphold the values of the Australian community.
To demonstrate a belief in democracy, an applicant must show respect for the Australian way of life and obedience to Australian laws. This includes acknowledging the reciprocal rights and responsibilities that come with citizenship, such as respecting the rights and liberties of all Australians. An applicant must also show that they have no substantial criminal record and have good general behaviour. This means that they have not committed any serious crimes, particularly against vulnerable members of the community.
The Department will also consider the length of time a non-citizen has been contributing positively to Australian society. This includes upholding the law and following community standards. An applicant must demonstrate that their beliefs align with Australian democratic values and that they are willing to respect and uphold these values as a citizen.
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Frequently asked questions
'Good character' is not defined in the Citizenship Act, but it refers to the enduring moral qualities of a person. This includes characteristics such as loyalty to Australia, belief in a democratic form of government, respect for the rights and liberties of all Australians, and obedience to Australian law.
If an applicant does not meet the 'good character' requirement, their application for Australian citizenship may be refused. However, decisions under the Citizenship Act can be reviewed, and applicants can reapply in the future with further evidence of good character.
The Australian Government may request police certificates for each country the applicant has lived in for a certain period, typically 90 days or more, or 12 months or more in some cases. The Department will also consider the length of time a non-citizen has been contributing positively to the Australian community and the impact of visa refusal on the applicant's family members in Australia.
