The Good Character Requirement for Australian Citizenship Explained

Introduction

When applying to become an Australian citizen, satisfying the good character requirement is one of the most critical and subjective hurdles. This requirement, mandated under the Australian Citizenship Act 2007 (Cth), is the single most common reason for complex delays and outright refusals of a citizenship application, as it involves a holistic assessment of an applicant’s moral qualities.

For any applicant for citizenship by conferral, understanding how the Department of Home Affairs evaluates these “enduring moral qualities” is essential to navigating the process successfully. This guide provides a detailed explanation of the character requirement, moving beyond a simple checklist to clarify the Department’s perspective and highlight the absolute necessity of full disclosure for anyone hoping to become an Australian citizen.

Understanding the Meaning of Good Character for Citizenship Applicants

Defining Enduring Moral Qualities

When you apply for citizenship, one of the most critical eligibility criteria you must meet is the good character requirement. The Australian Citizenship Act 2007 (Cth) does not provide a specific definition for “good character,” so decision-makers rely on its ordinary meaning as established in case law.

The most widely accepted definition comes from the Federal Court case of Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 68 FCR 422. This case established that good character refers to the “enduring moral qualities of a person” rather than their reputation or good standing in the community.

This means the assessment is an objective look at your actual character, not just what people think of you. The phrase ‘enduring moral qualities’ covers several key concepts, including:

• Characteristics that have been demonstrated over a long period.
• The ability to distinguish right from wrong.
• Behaving in an ethical manner that aligns with the rules and values of Australian society.

How the Department Views Your Conduct

The Department of Home Affairs takes a holistic view when assessing an applicant’s character. This means all aspects of your life can be considered relevant. The goal is to determine if you are likely to uphold and obey the laws of Australia and honour the commitments made in the Australian Citizenship Pledge.

This assessment focuses on your pattern of behaviour over time, not just isolated incidents. A person of good character is generally expected to:

• Respect and abide by the laws of Australia and other countries.
• Be honest and truthful in all dealings with the Australian Government, including on your visa and citizenship applications.
• Avoid violence, involvement with drugs, or unlawful sexual activity.
• Not associate with individuals or groups involved in criminal or anti-social behaviour.
• Be financially responsible, for example, by paying taxes and not dishonestly receiving public funds.

The Department also considers positive contributions as part of its overall character assessment. These may include:

• Having a stable family life.
• Being responsibly employed.
• Participating in community work.

Comprehensive Checks the Department Conducts on Your Background

Assessment of Australian & Overseas Criminal Records

The Department of Home Affairs conducts extensive checks into an applicant’s entire criminal history, both in Australia and overseas. This review is not limited to convictions; it also includes:

• Charges that were withdrawn
• Acquittals
• Spent convictions

For immigration and citizenship purposes, you must disclose all offences, as spent conviction laws that limit disclosure in other contexts do not apply here.

To facilitate this, the Department utilises the National Police Checking Service (NPCS) to access your full Australian criminal history. Additionally, for time spent abroad, you may be required to provide penal clearance certificates from any country where you have lived for 90 days or more since turning 18.

Review of Honesty in Previous Dealings & Visa Applications

Your honesty in all interactions with the Australian government is a critical component of the good character assessment. The Department will cross-reference the information provided in your citizenship application with every previous visa application you have lodged.

Any inconsistencies or failures to disclose information can be viewed as an attempt to deceive the government and are among the common reasons for an Australian visa refusal. This scrutiny means that:

• An omission on a past application, even from many years ago, can be more damaging to your citizenship application than the original offence itself.
• Providing false or misleading information strikes at the core of your “enduring moral qualities” and can be a standalone reason for refusal.

Investigation of Associations with Persons or Groups of Concern

The character assessment extends beyond your personal actions to include your associations, which can be a factor in a visa cancellation on section 501 character grounds. The Department investigates any involvement with individuals or groups that are reasonably suspected of criminal activity. This can include connections to:

• Motorcycle gangs
• Known criminal syndicates
• Organisations involved in war crimes, crimes against humanity, or genocide

Even if you do not have any personal convictions, a close association with such groups can lead the Department to conclude that you are not of good character. The nature, degree, and duration of the association are all considered.

Consideration of Court Orders & Domestic Violence History

The Department places significant weight on any history of domestic or family violence. All court orders are scrutinised, with particular attention paid to:

• Apprehended Violence Orders (AVOs)
• Domestic Violence Orders (DVOs)

The existence of such an order is a major concern, even if it did not result in a criminal conviction. This reflects the Australian government’s low tolerance for family violence, which is considered inconsistent with the values of the Australian community. Any history involving these matters will be closely examined as part of your citizenship application.

Analysis of Traffic Offences & Patterns of Behaviour

While a single minor traffic infringement is unlikely to affect your citizenship application, a pattern of repeated offences can be viewed as a general disregard for the law. The Department can access state-based transport databases to review your complete traffic history, including:

• Speeding fines
• Driving while suspended
• Drink driving charges

A history of multiple offences may indicate to a decision-maker that you do not respect and abide by Australian laws, which is a fundamental aspect of the good character requirement. This pattern of behaviour, rather than a single incident, is what raises a character concern.

Information from Law Enforcement & Intelligence Agencies

The Department’s background checks are not confined to police and court records. Information is also sourced from various law enforcement and intelligence agencies to assess any potential security risks. These agencies include:

• The Australian Security Intelligence Organisation (ASIO)
• The Australian Federal Police

This intelligence can cover a range of activities, including involvement in matters that did not result in a conviction. It provides the Department with a holistic view of an applicant’s background to ensure they do not pose a danger to the Australian community.

The Critical Necessity of Disclosing Minor & Spent Offences

Why You Must Declare Everything

When completing your citizenship application, you must declare every offence, regardless of how minor or old it may seem. Many applicants make the common and serious mistake of assuming that minor issues, such as a shoplifting charge from many years ago or a traffic infringement, do not need to be mentioned.

However, the Department of Home Affairs operates on a principle of complete transparency. It is essential to understand that:

• The failure to disclose an offence is often treated more severely than the offence itself.
• Withholding information can be viewed as a deliberate attempt to mislead the Australian government.

Therefore, being forthright is crucial, as honesty is a critical factor in the assessment of your application for citizenship. You must also disclose all Australian and overseas spent convictions, since spent conviction laws that prevent discrimination in other contexts do not apply to citizenship applications.

The Impact of Non-Disclosure on Your Credibility

Omitting information from your citizenship application directly undermines your credibility and strikes at the core of the good character requirement. The Department assesses your “enduring moral qualities,” and a failure to disclose is considered a current act of dishonesty, not just a reflection of a past mistake.

This suggests to the decision-maker that you may not be a person who can be trusted to uphold the laws of Australia and the commitments made in the Citizenship Pledge. Furthermore:

• An undisclosed offence, when discovered through the Department’s extensive background checks, raises serious doubts about your integrity.
• This act of concealment can be a standalone reason for refusal, as it provides a clear indication that an applicant may not be of good character at the time of the decision.

Strategies for Preparing an Effective Good Character Submission

Acknowledging the Issue Clearly & Accepting Responsibility

When addressing a past offence in your citizenship application, you must begin by clearly acknowledging what happened. It is crucial to accept responsibility for your conduct without attempting to minimise your actions, make excuses, or blame others.

Phrases that suggest the police were unfair or that the incident was just a minor issue can be detrimental to your application. A direct and honest acknowledgment of your past mistakes is the first step in demonstrating to the Department of Home Affairs that you have started the process of rehabilitation.

Providing a Detailed Explanation of the Circumstances

After accepting responsibility, it is important to provide a detailed explanation of the circumstances of the offence. This is not about making excuses for your behaviour, but rather offering context that can help the decision-maker understand your situation at the time.

For instance, you can explain if the conduct occurred during a period of youth, significant financial hardship, or personal trauma. By providing this context, you help to paint a fuller picture of your “enduring moral qualities” and how they may have evolved since the incident.

Demonstrating Genuine Remorse & Insight into Past Conduct

A critical component of your submission is demonstrating genuine remorse and insight into your past actions. The Department seeks evidence that you understand why your conduct was wrong and the impact it had on other people or the community.

Simply stating that you regret your actions is not enough. You must show that you have reflected on your behaviour and clearly understand its consequences.

An applicant who continues to blame their victims or mischaracterise their past conduct is unlikely to convince a decision-maker that they have been persuasively reformed.

Presenting Strong Evidence of Rehabilitation & Reform

This is the most vital part of your submission, as you must prove that you are a different person now compared to when the offence was committed. Assertions of change are insufficient; you must provide concrete evidence of your rehabilitation.

Strong evidence can include a combination of the following:

• Passage of Time: A significant period, often five years or more, with a clean record since the offence demonstrates a sustained pattern of good behaviour.
• Rehabilitative Actions: Provide certificates of completion for any relevant courses, such as anger management programs, traffic offender programs, or drug and alcohol counselling.
• Positive Contributions: Show evidence of stable employment, consistent tax payments, and any involvement in community or volunteer work.
• Character References: Submit references from respected Australian citizens, such as employers or community leaders, who can attest to your good character. It is essential that these referees explicitly state they are aware of your past offences and can still vouch for your reform.

How Ministerial Direction No 99 Influences Character Decisions

Prioritising the Protection of the Australian Community

Ministerial Direction No. 99 is primarily used to guide decisions on visa refusals and cancellations under section 501 of the Migration Act 1958 (Cth). However, its principles also significantly influence the assessment of the good character requirement for a citizenship application.

The direction instructs decision-makers to place the highest priority on the protection and safety of the Australian community. If an applicant for citizenship has serious character concerns, such as a substantial criminal record, the Department may:

• Pause the citizenship application
• Consider whether to cancel the person’s permanent visa under the strict framework of Direction 99, which prioritises community safety above the interests of the non-citizen

Weighing Ties to Australia & Family Violence Considerations

When assessing character concerns, Ministerial Direction No. 99 requires decision-makers to balance any adverse information against several key considerations. These include:

• The applicant’s ties to Australia, such as the strength, nature, and duration of their connection to the country
• The prevention of family violence, as the direction, places significant weight on this issue and reflects the Australian government’s low tolerance for such conduct

Any history of domestic violence is treated as a serious negative factor. In addition, decision-makers must consider the best interests of any minor children in Australia who may be affected by the outcome of the application for citizenship.

Conclusion

Successfully meeting the Australian citizenship good character requirement involves a holistic assessment of your enduring moral qualities and demands complete disclosure of your entire history. For applicants with past issues, the most effective strategy is to provide a well-prepared submission that demonstrates genuine remorse and presents strong evidence of rehabilitation.

If you have concerns about how your history might impact your citizenship application, seeking professional guidance is a critical step toward a successful outcome. Contact Moya Migration Law’s citizenship lawyers today for trusted expertise and tailored strategies to navigate the complexities of the character requirement and secure your best possible result.

Frequently Asked Questions (FAQ)