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

The Administrative Appeals Tribunal considered an application for Australian citizenship made by Mr Chen, who was represented by Ms Lenton. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, represented by Ms Campbell, opposed the application. The delegate had refused to grant citizenship on the basis that the applicant was not satisfied that Mr Chen was likely to reside, or to continue to reside, in Australia, or to maintain a close and continuing association with Australia if his application were approved.

The Tribunal was required to determine whether Mr Chen was likely to reside in Australia or maintain a close and continuing association with Australia, as required by subsection 21(2)(g) of the *Australian Citizenship Act 2007* (Cth). This involved assessing Mr Chen's future intentions and plans, considering factors such as his periods of absence from Australia, the reasons for those absences, his ties to Hong Kong, and any evidence of his commitment to Australia.

The Tribunal reasoned that while Mr Chen had spent a significant period outside Australia, particularly in Hong Kong due to family caring obligations and the COVID-19 pandemic, his stated intention was to return to Australia. He provided evidence of his tertiary education in Australia and his desire to live there permanently, with his parents also intending to retire to Australia. The Tribunal found that Mr Chen's explanations for his extended absence, including caring for his injured mother and his brother's family circumstances in Hong Kong, were credible. Furthermore, the Tribunal considered that even if Mr Chen were to travel overseas for work in the future, he was likely to maintain a close and continuing association with Australia.

Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the Secretary for further processing, with a finding that Mr Chen satisfied the requirements of paragraph 21(2)(g) of the *Australian Citizenship Act 2007* (Cth).