Al-Hadethi and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by the Applicant, a citizen of Iraq, who was 66 years old and a qualified cardiologist. The Applicant had resided in the United Arab Emirates since 2006, with a brief period in Australia in 2010. His wife became an Australian citizen in 2014, and two of their four sons were Australian citizens residing in Australia. The Applicant applied for citizenship in July 2015, at which time he held a permanent visa. The Minister's delegate refused the application, finding that the Applicant did not meet the residence requirements and could not benefit from any exemptions or discretions. The Applicant sought review of this decision before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the Applicant satisfied the general residence requirement for Australian citizenship by conferral, specifically whether he had been present in Australia for the four years immediately preceding his application, and for 12 months immediately prior as a permanent resident. Crucially, the Tribunal also had to consider whether, if the general residence requirement was not met, it should exercise its discretion under s 22(9) of the Act to treat periods of absence as periods of presence, based on whether the Applicant had a close and continuing association with Australia.

The Tribunal found that the Applicant had been present in Australia for only 175 days in the four years prior to his application, and for 10 days in the 12 months prior. Therefore, he did not satisfy the general residence requirement. In considering the exercise of discretion, the Tribunal acknowledged factors in favour of the Applicant, including the presence of his wife and children in Australia, his stated intention to reside in Australia, and his financial support for his family. However, the Tribunal concluded that these factors were not sufficient to establish a close and continuing association with Australia throughout the relevant period.

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