Carbogno Barnabè and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

The Administrative Appeals Tribunal considered the case of Carbogno Barnabè and the Minister for Immigration, Citizenship and Multicultural Affairs concerning the applicant's renunciation of Australian citizenship. The applicant had renounced her citizenship to accept a posting at the Italian Consulate in Sydney, a requirement for her role as she could not hold Australian citizenship and be accredited as a diplomat for another country. The core of the dispute revolved around whether this renunciation was made to avoid suffering significant hardship or detriment, as stipulated by section 29(2)(a) of the *Australian Citizenship Act 2007* (Cth) for the resumption of citizenship.

The legal issue before the Tribunal was to determine if the applicant's renunciation of Australian citizenship was motivated by a desire to avoid significant hardship or detriment. The applicant argued that the renunciation was necessary to secure employment that would allow her and her husband to live together in Sydney and improve their financial security in preparation for retirement. The respondent contended that the applicant could have pursued alternative employment that did not necessitate renouncing her citizenship, which would have still provided sufficient income for retirement savings and mortgage repayment.

The Tribunal found that the applicant and her husband had chosen to relocate to Sydney to improve their financial position for retirement, and that the applicant's role at the Italian Consulate was central to achieving this goal. The evidence indicated that this posting enabled them to repay their mortgage and significantly increase their retirement savings, leaving them approximately $300,000 better off than they would have been otherwise. The Tribunal accepted the applicant's contention that avoiding financial hardship, particularly concerning their mortgage and retirement savings, constituted significant hardship or detriment. Consequently, the Tribunal was satisfied that the applicant had renounced her Australian citizenship for the purpose of avoiding such hardship or detriment, thereby meeting the requirements of section 29(2)(a)(i) of the Act.

The decision under review was set aside, and the matter was remitted to the respondent with a finding that the applicant met the requirements of subparagraph 29(2)(a)(i) of the *Australian Citizenship Act 2007*.