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

The Administrative Appeals Tribunal reviewed a decision by the Minister for Immigration, Citizenship, and Multicultural Affairs to refuse an Australian citizenship application made by a twenty-two-year-old Chinese national. The applicant, who had been a permanent resident of Australia since 2019 and had lived in the country for most of his high school years, applied for citizenship by conferral in August 2021. The refusal was based on the applicant's overseas university studies and the delegate's dissatisfaction that he was likely to reside in Australia or maintain a close and continuing association with the country, as required by section 21(2)(g) of the Australian Citizenship Act 2007 (Cth).

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement under section 21(2)(g) of the Australian Citizenship Act 2007 (Cth), which mandates that an applicant must be likely to reside in Australia or maintain a close and continuing association with Australia if their application were approved. This assessment was challenged by the applicant, who argued that his overseas studies were a unique opportunity and that he had strong family ties and intentions to return to Australia for postgraduate studies and future residence.

The Tribunal found that the applicant's overseas university studies were undertaken at a prestigious institution and involved a double major combination not readily available in Australia, aligning with the provision that absence for temporary overseas study where equivalent courses are unavailable in Australia would not normally be a concern. Furthermore, the Tribunal accepted the applicant's evidence regarding his strong family ties in Australia, his parents' permanent residency and property ownership, and his regular visits during study breaks. The Tribunal concluded that the applicant's absences were temporary and motivated by a desire to gain qualifications before pursuing postgraduate studies in Australia and subsequently joining academia, thereby demonstrating a likelihood to reside in Australia and maintain a close and continuing association with the country.

Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the Minister for the processing of any remaining citizenship requirements, with a finding that the applicant satisfied the criterion under section 21(2)(g) of the Australian Citizenship Act 2007 (Cth).