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

This matter concerned an appeal by the applicant, Ms. Damsaz, against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs regarding her eligibility for Australian citizenship. The dispute centred on whether the applicant met the residency requirements for citizenship by conferral at the time of the decision. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Minister's decision.

The primary legal issue before the Tribunal was whether the applicant was a permanent resident of Australia at the time the decision on her citizenship application was made, as required by section 21(2)(b) of the *Australian Citizenship Act 2007* (Cth). A secondary issue, to be considered only if the primary issue was resolved in the applicant's favour, was whether the applicant had a close and continuing association with Australia, as stipulated by section 22(g) of the Act.

The Tribunal found that while the applicant was a permanent resident when she lodged her application, her permanent resident visa had expired before the decision was made. The Tribunal noted that the applicant and her husband had received advice that they did not need to renew the visa while the citizenship application was pending, but concluded that this advice did not override the express provisions of the Act. Consequently, the applicant was not a permanent resident at the time of the decision, rendering her ineligible. Even if this were not the case, the Tribunal found the evidence of a close and continuing association with Australia to be unsubstantial, noting the applicant's departure from Australia due to financial stress and her family and educational opportunities in Iran.

The Tribunal affirmed the decision under review. However, it noted that this decision did not preclude the applicant from returning to Australia as the spouse of an Australian citizen with a renewed visa, nor from making a future application for citizenship.