Corrigan and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application by Mr Corrigan, an Irish national, to review the decision of the Minister for Immigration and Border Protection to refuse his application for Australian citizenship by conferral. The refusal was based on the delegate's finding that Mr Corrigan did not satisfy section 21(2)(g) of the Australian Citizenship Act 2007, which requires an applicant to be likely to reside in Australia or maintain a close and continuing association with Australia if their application were approved. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Corrigan met this criterion.

The primary legal issues before the Tribunal were whether Mr Corrigan was likely to reside in Australia, and if not, whether he was likely to maintain a close and continuing association with Australia. The Tribunal considered various pieces of evidence, including statutory declarations from family and friends, letters regarding potential work in Australia, and travel documents. Crucially, the Tribunal had to assess the credibility and weight of evidence presented by Mr Corrigan and his wife regarding their intention to return to Australia and reside there permanently, in light of their departure for the United States and their stated intentions at the time of the initial application.

The Tribunal's reasoning focused on the assessment of Mr Corrigan's likelihood to reside in Australia. While Mr Corrigan presented evidence of a purchased flight to return to Australia and potential future employment, the Tribunal found this insufficient. The Tribunal noted that Mr Corrigan's parents-in-law and brother-in-law were unaware of his plans to return and reside in Australia, which cast doubt on the certainty of his stated intentions. The Tribunal also gave little weight to a potential documentary project with the ABC, as it had not been commissioned. Consequently, the Tribunal concluded that it was not likely that Mr Corrigan would return and reside in Australia.

The Tribunal affirmed the delegate's decision to refuse the application for citizenship by conferral. The Tribunal was not satisfied that Mr Corrigan was likely to reside in Australia or maintain a close and continuing association with Australia, and therefore he did not meet the requirements of section 21(2)(g) of the Australian Citizenship Act 2007.