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

This matter concerned an appeal by Ms Barrie and her two minor daughters against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' refusal to grant them Australian citizenship. The applicants did not meet the general residency requirements for citizenship, and the Minister had exercised discretion under section 24 of the *Australian Citizenship Act 1948* (Cth) to refuse their applications. The primary issue before the Administrative Appeals Tribunal was whether the Minister's decision to refuse approval was correct.

The Tribunal was required to determine whether the applicants had established a close and continuing association with Australia, and whether the Minister had properly considered the best interests of the minor applicants in exercising the discretion under section 24. This involved assessing the definition of "responsible parents" in the context of the minor applicants' applications and the overall circumstances of the family.

The Tribunal found that while the applicants had demonstrated some connection to Australia, it did not amount to a close and continuing association as contemplated by the policy. Furthermore, the Tribunal was satisfied that the Minister had adequately considered the best interests of the minor applicants and that the refusal of their citizenship applications was a correct exercise of the discretion vested in the Minister. The Tribunal affirmed the decisions under review.