Baldry and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

The Administrative Appeals Tribunal considered the application of a UK citizen for Australian citizenship by conferral, following the refusal of her application by the Department of Immigration, Citizenship and Multicultural Affairs. The dispute centred on whether the applicant met the criteria under paragraph 21(2)(g) of the *Australian Citizenship Act 2007* (Cth), which requires an applicant to be likely to reside in Australia or maintain a close and continuing association with Australia if granted citizenship.

The Tribunal was required to determine if the applicant had demonstrated that she was likely to reside in Australia or maintain a close and continuing association with Australia. This involved assessing the applicant's ties to Australia, including her limited time spent in the country, her lack of employment or assets in Australia, and the stated intentions of her and her family to reside in Australia. The Tribunal also had regard to the factors outlined in CPI 11, which are relevant to assessing an applicant's likelihood of residing in or maintaining a close and continuing association with Australia.

The Tribunal affirmed the delegate's decision to refuse the application. It reasoned that despite the applicant's assertion that her husband and children were Australian citizens and that they intended to reside in Australia, the evidence did not sufficiently demonstrate that the applicant herself was likely to reside in Australia or maintain a close and continuing association with the country. The applicant's significant periods of absence from Australia, coupled with her lack of established employment or assets within Australia, weighed against a finding that she met the criteria under paragraph 21(2)(g) of the Act. The Tribunal concluded that the applicant had not provided sufficient evidence to satisfy this requirement.