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

The Administrative Appeals Tribunal considered the application of Mr Al Salim for Australian citizenship by conferral, which had been refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The central dispute concerned whether Mr Al Salim met the requirements of section 21(2)(g) of the Australian Citizenship Act 2007, specifically the criterion that an applicant must be likely to reside in Australia or continue to reside in Australia.

The Tribunal was required to determine if Mr Al Salim was likely to reside, or continue to reside, in Australia, or alternatively, if he was likely to maintain a close and continuing association with Australia. The Tribunal noted that satisfying either of these two elements would be sufficient to meet the requirements of the subsection. The parties referred the Tribunal to the Australian Citizenship Policy and Revised Citizenship Procedural Instructions, which provide guidance on factors relevant to these criteria, although the Tribunal acknowledged it was not strictly bound by these documents.

In its reasoning, the Tribunal found that Mr Al Salim had demonstrated a strong intention to reside in Australia. Despite multiple absences, including extended periods in Lebanon to care for his ill father and to be with his wife and newborn child, the Tribunal considered the circumstances of these absences. It noted his stable employment in Australia since 2004, his current living arrangements, and his stated desire to establish a life for his family in Australia. The Tribunal concluded that his absences were not inconsistent with an intention to continue residing in Australia, particularly given his efforts to reunite his family in Australia and his commitment to their future there.

The Tribunal set aside the original decision and remitted the matter to the Minister for reconsideration, with a direction that Mr Al Salim satisfies the requirements of subsection 21(2)(g) of the Act.