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

This matter concerned an application for citizenship by conferral by Carlson, who sought to challenge the refusal of her application by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The Administrative Appeals Tribunal was required to determine whether Carlson satisfied the residency requirements for citizenship under the *Australian Citizenship Act 2007* (Cth).

The primary legal issue before the Tribunal was whether Carlson met the general residence requirement under section 22 of the Act, which requires four years of presence in Australia immediately preceding the application, with allowances for absences of up to 12 months. Alternatively, the Tribunal considered whether Carlson qualified for a ministerial discretion under section 22(11) of the Act, based on an alleged interdependent relationship with her former husband, who is an Australian citizen and co-parent of their child. The Tribunal also considered, for completeness, the special residence requirement under section 22A, and the criteria under sections 22B (particular kinds of work) and 23 (defence service).

The Tribunal found that Carlson did not meet the general residence requirement as she had been outside Australia for 955 days in the four years prior to her application. While Carlson argued for the exercise of ministerial discretion based on an interdependent relationship with her former husband, the Tribunal was not satisfied this was established. This was partly due to the absence of evidence from the former husband, particularly given allegations of abuse and family violence made against him by Carlson. The Tribunal noted that the former husband had not been placed on notice of the proceedings, and it was reticent to make adverse findings without his participation. Consequently, the Tribunal was not satisfied that the former husband would agree to the relationship being interdependent. Furthermore, Carlson did not meet the requirements under sections 22A, 22B, or 23 of the Act.

Accordingly, the Tribunal affirmed the decision under review to refuse Carlson's application for Australian citizenship by conferral. The Tribunal expressed sympathy for Carlson's circumstances and noted a representation made in her support by a Federal Member of Parliament, but concluded that the correct course was for her to re-apply once she had met the remaining eligibility period.