Abdulsalam and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

This case concerned an application for Australian citizenship by conferral by Mrs Abdulsalam, a citizen of Iraq. Mrs Abdulsalam, who became a permanent resident in 2015, departed Australia on 24 October 2019 and was unable to return until 18 March 2021 due to COVID-19 pandemic travel restrictions. She applied for citizenship by conferral, asserting she met a special residence requirement due to her work requiring regular travel outside Australia. The delegate refused her application, finding she did not satisfy the general residence requirements under section 22 of the *Australian Citizenship Act 1948* (Cth) (the Act), nor the special residence requirements under sections 22A or 22B. Mrs Abdulsalam sought review of this decision by the Tribunal.

The Tribunal was required to determine whether Mrs Abdulsalam satisfied the general residence requirements under section 22(1)(a) or (c) of the Act. If not, the Tribunal had to consider whether any of the Ministerial discretions under section 22(4A) to (11) applied, or whether Mrs Abdulsalam met either of the special residence requirements outlined in sections 22A or 22B of the Act. The Tribunal also considered whether the Act provided for a waiver of residence requirements in compassionate circumstances, as suggested by the applicant.

The Tribunal found that Mrs Abdulsalam was absent from Australia for 553 days in the four years prior to her application and 247 days in the 12 months prior, thus failing to meet the general residence requirements, even accounting for allowable absences. The Tribunal further found no evidence that Mrs Abdulsalam met any of the Ministerial discretions. Regarding the special residence requirements, the Tribunal determined that she did not satisfy section 22A as she was not engaged in the specified high-benefit activities or supported by a relevant organisation, nor did she satisfy section 22B as her work did not fall within the limited categories prescribed. The Tribunal noted that the Act does not provide for a general discretion to waive residence requirements in compassionate circumstances.

Consequently, the Tribunal affirmed the delegate's decision to refuse Mrs Abdulsalam's application for Australian citizenship by conferral.