CQJV and Minister for Immigration and Border Protection (Citizenship)

The applicant, CQJV, sought Australian citizenship by conferral. The Minister for Immigration and Border Protection refused the application, finding that CQJV did not satisfy the general residence requirement. CQJV sought judicial review of this decision in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether CQJV met the general residence requirement for Australian citizenship by conferral, and if not, whether the Minister's exercise of discretion to refuse citizenship was lawful.

Professor R McCallum AO, Member, found that the Minister's decision was affected by an error of law. The Tribunal concluded that CQJV did satisfy the general residence requirement. The decision of the Minister was set aside.