Dau and Minister for Home Affairs (Citizenship)

The applicant, Dau, sought Australian citizenship by conferral. The Minister for Home Affairs affirmed a decision refusing the applicant's citizenship application, which was based on the applicant not meeting the residency requirements. The applicant contended that she had a close and continuing relationship with Australia, despite being overseas for a significant period.

The primary legal issue before the Court was whether the applicant had satisfied the residency requirements for citizenship by conferral, specifically whether the period spent overseas could be disregarded. This involved determining if the applicant had a close and continuing relationship with Australia, and if her absence was for reasons related to her de facto relationship with an Australian citizen.

The Court found no evidence to support a claim that the applicant would suffer significant hardship or disadvantage if the 12-month residency period prior to her application was not treated as time spent in Australia as a permanent resident. The applicant's own evidence indicated she travelled to the United States for study due to superior opportunities and held permanent residency there. The Court concluded that her reasons for being outside Australia for a lengthy period were not connected to her de facto relationship with an Australian citizen.

The decision under review was affirmed.