Bulrice and Minister for Home Affairs (Citizenship)

This matter concerned an application for citizenship by conferral made by the Applicant, Bulrice, which had been refused by the Minister for Home Affairs. The dispute centred on whether the Applicant maintained a close and continuing association with Australia, a key consideration under the relevant Citizenship Policy. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Minister's decision.

The primary legal issue before the Tribunal was to determine whether the Applicant had demonstrated a close and continuing association with Australia, as required for citizenship by conferral. This involved assessing the Applicant's assertions regarding his long-standing fascination with Australia, his numerous visits, his relationship with his Australian partner, and his various ties to the country, against the criteria set out in the Citizenship Policy and the discretionary power vested in the Minister under section 22(9) of the *Australian Citizenship Act 2007*.

The Tribunal considered the Applicant's evidence, which detailed his deep connection to Australia stemming from his relationship with his Australian partner, a distinguished medical practitioner. The Applicant highlighted their shared intention to reside in Australia, their ownership of property there, his numerous visits, and his engagement with Australian life, including maintaining Australian bank accounts, a TFN, and a football club membership. The Tribunal noted the Applicant's desire to participate more fully in Australian community life, including the right to vote, and the possibility of dual citizenship. The Tribunal concluded that, in light of the evidence presented, the ministerial discretion under section 22(9) of the Act should be exercised in favour of the Applicant.

The Tribunal set aside the decision under review and remitted the matter with a direction that the discretion in section 22(9) of the *Australian Citizenship Act 2007* be exercised in favour of the Applicant.