Australian Citizenship

Australian Citizenship: Are you or a family member looking to become an Australian Citizen?  What are the benefits of becoming an Australian citizen and what is involved? Call us today to find out. 

THE BENEFITS OF AUSTRALIAN CITIZENSHIP :

Becoming an Australian citizen enables you to apply for an Australian passport and re-enter Australia without restriction. Australian citizens may register their children as Australian citizens by decent if they are born overseas. Citizens can vote in state/territory and federal elections, and referendums. Citizens may obtain work in the Australian Public Service or Australian Defence Force, and may even apply for election to parliament. Rothstein Lawyers provides the following citizenship services: 

  • Lodging applications for Australian citizenship by conferral, descent and adoption
  • AAT applications
  • Addressing character issues
  • Exceptions to the general residence requirement
  • Resuming citizenship and historical provisions

More information about Australian Citizenship Applications can be found at the Department of Home Affairs website: Home Affairs

Unsure if you are eligible to become an Australian Citizen? Contact Rothstein Lawyers today for an evaluation.

Even “minor” criminal offences can affect Australian citizenship applications

 

  1.  An Australian Permanent Resident’s application for Australian citizenship was refused on the basis that he was not “of good character at the time of the Minster’s decision on the application.”

2.  Application was made to the Administrative Appeals Tribunal of Australia (Tribunal) for review of the refusal. A decision was handed down on 29 June 2017.

3. The Applicant had 16 relatively minor traffic offences over the period August 2007 to March 2015. The penalties varied from fines of as low as $88 to suspension of licence.

4. None of the incidents were particularly serious. So why was the citizenship application refused?

5. He made the following mistakes in his application:

(a) He failed to fully disclose his convictions on the basis that they had “almost slipped from my memory”

(b) He downplayed the convictions and minimised them.

(c) He referred to a number of offences as a singular mistake.

(d) He advised the Tribunal that he had learned from his mistake. Yet he had told the Tribunal that he had forgotten about the offences. The Tribunal said “it is difficult to understand how someone can learn from something they have forgotten;” and

(e) He failed to “satisfactorily explain why he did not pay a certain speeding fine.” The Tribunal found that the evidence provided to the tribunal “displays a lack of insight into his offending conduct, albeit of a relatively minor nature.”

7. The Tribunal commented that:

(a) although the offences were each not a “serious offence” “…his lack of insight in the repetition of offending conduct, most recently in March 2015, displays a low level of reckless disregard for the safety of road users”. The Tribunal found that “these considerations weigh against an assessment of good character for the purposes of Section 21 (2) (h) of the Citizenship Act.”

(b) in relation to the witnesses who gave evidence on his behalf. “But these witnesses were unaware of his full record of offending conduct, albeit of a minor nature.” In the Tribunal’s mind this tended to “…diminish the weight that can be given to their (the witnesses) evidence”.

8. Lessons to be learned?

(a) Even relatively minor criminal offences can weigh against one in an application for Australian citizenship.

(b) The best course is to be open and forthright and offer as detailed an explanation as possible as to why each criminal offence occurred.

(c) This adds weight to any argument about the Applicant’s remorse and having learned from his mistakes.

Testimonials

"Now that the visa application case has come to a final close my children and I wish to thank you and Sophie Manera for making it a success. We shall be forever grateful"

Ishmael, Mosman Park, WA, Child visa granted 2017

"Words seem so little to thank you for your tremendous work on behalf of our family"

Name withheld WA, Revocation of Mandatory Cancellation of Visa,

"Thank you for your professional and friendly way of doing business"

Name withheld WA, Business Visa Grant

"Highly appreciate for the great job you and the team of immigration lawyers did for my family to be here in Australia"

Subclass 202 Special Humanitarian visa granted

“Thank you for your patience and first-class service. I will certainly recommend your service of meeting people who need an immigration lawyers assistance with their migration matters”

Chris, Mt Pleasant, WA, Partner visa granted 2016

“I just wanted to say a massive THANK YOU for all of your help and prompt responses throughout the application process. I couldn’t be more grateful for your team and the efforts you guys put in"

Sean, South Brisbane, QLD, Subclass 186 Employer Nomination Scheme visa granted 2015

I thought you might like to see that Ryan and I have finally become Australian citizens, this would not have been achievable if it had not been for your help.”

Victoria and Ryan, 2019

Mentoring

Mentoring has been so valuable to my career and I cannot speak highly enough of the mentoring programs available through the Law Society of Western Australia and the Migration Institute of Australia. I've loved having the opportunity to be a mentor, particularly to...

Lawyers Weekly Women In Law Awards

What an honour! Firm principal Sophie Manera has been named a finalist in the Lawyers Weekly Women In Law Awards in the category of Mentor of the Year. The award ceremony will take place on 22 November 2019 at the Grand Hyatt in Melbourne. We wish her all the best!...

Looking for the Australian Citizenship Practice test?

If you’re looking to take the Australian citizenship test, you should try the Australian citizenship practice test first. Feel free to contact us for further explanation on matter with the Australian citizenship test.

Talk to us today

We’re here to help you with whatever you may need. We specialise in complex immigration, citizenship applications and appeals.