Almeida da Silva Silva and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The Administrative Appeals Tribunal considered an application for citizenship by conferral, which had been refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant, Almeida da Silva Silva, sought review of this refusal.

The Tribunal was required to determine whether the Minister's discretion to grant citizenship by conferral should be exercised in favour of the applicant, notwithstanding their absence from Australia. Specifically, the Tribunal had to consider whether the applicant met the criteria for being the spouse, de facto partner, or surviving spouse or de facto partner of an Australian citizen, or whether they were in an interdependent relationship with an Australian citizen.

The Tribunal affirmed the delegate's decision to refuse citizenship. It found that the applicant had not established that they were in a spousal or de facto relationship with an Australian citizen at the time of the application, nor had they demonstrated an interdependent relationship with an Australian citizen. The Tribunal concluded that the applicant had not satisfied the requirements for the exercise of ministerial discretion to grant citizenship by conferral.