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

This matter concerned an application for Australian citizenship by conferral made by Mr Columbus. The Minister for Immigration, Citizenship and Multicultural Affairs affirmed the decision under review. The case was heard by Ms A E Burke AO, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Columbus met the "general residence requirement" as stipulated in section 21(4)(d) of the *Australian Citizenship Act 2007* (Cth) at the time of his application, and if not, whether he could receive Ministerial discretion under section 22(9) of the Act. The general residence requirement, detailed in section 22(1), mandates specific periods of presence in Australia as a permanent resident immediately preceding the application, with limited allowances for overseas absences.

The Tribunal found that Mr Columbus did not satisfy the general residence requirement. Specifically, he had been absent from Australia for 1084 days in the four years immediately preceding his application, exceeding the 12-month allowance under section 22(1A). Furthermore, he was absent for the entire 12 months immediately before his application, meaning the 90-day leeway for permanent residency under section 22(1B) did not apply to satisfy section 22(1)(c). The Tribunal also considered the spousal discretion under section 22(9), which allows for periods of absence to be disregarded if the applicant was a spouse of an Australian citizen and maintained a close and continuing association with Australia. While Mr Columbus met the criteria of being married to an Australian citizen, not being present in Australia during the relevant periods, and being a permanent resident, the Tribunal determined he failed to demonstrate a "close and continuing association with Australia" during the critical four-year period.

Consequently, the Tribunal affirmed the decision under review, finding it was not appropriate to exercise the discretion under section 22(9). Despite the outcome, the Tribunal acknowledged Mr Columbus's connection to Australia and encouraged him to reapply when he meets the eligibility criteria.