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

The Administrative Appeals Tribunal considered an application for review by an applicant seeking Australian citizenship by conferral, following the refusal of her application by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The respondent Minister applied for the dismissal of the applicant's review application, arguing it had no reasonable prospect of success. The Tribunal agreed to hear submissions from both parties before determining the dismissal application.

The central legal issue before the Tribunal was whether the applicant's application for review had a reasonable prospect of success, specifically in light of the applicant's failure to meet the residence requirements for citizenship. The Tribunal was required to assess the applicant's eligibility under section 21(4) of the *Australian Citizenship Act 1948* (Cth), which outlines the criteria for persons aged 60 or over applying for citizenship. This included examining whether the applicant was a permanent resident at the relevant times, understood the nature of her application, satisfied either the general or special residence requirements, and was likely to maintain a close and continuing association with Australia.

The Tribunal noted that the applicant, who had lived and worked in Australia for over 43 years and had deep connections to the country and family, had settled in France in 2014. Her husband, an Australian citizen, suffered from chronic health issues preventing him from travelling. The applicant sought citizenship due to concerns about her future support and security in France should her husband become incapacitated. However, the Tribunal found that the applicant did not satisfy the residence requirements stipulated in section 22 of the *Australian Citizenship Act 1948* (Cth), which were a prerequisite for her citizenship application. Consequently, the Tribunal concluded that the applicant's application for review did not have a reasonable prospect of success.