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

This matter concerned an application for Australian citizenship by conferral, brought by Mr. Dhillon against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The core dispute revolved around whether the applicant satisfied the general residence requirement for citizenship, particularly in light of significant periods of absence from Australia. The decision was made by Linda Kirk SM.

The legal issues before the Tribunal were threefold: first, whether the applicant met the general residence requirement as stipulated in sections 21(2)(c) and 22 of the *Australian Citizenship Act 2007* (Cth); second, whether the discretion under section 22(9) of the Act should be exercised to treat the applicant's periods of absence from Australia as periods of presence as a permanent resident; and third, whether the applicant was likely to reside in Australia or maintain a close and continuing relationship with Australia, as required by section 21(2)(g) of the Act.

The Tribunal found that the applicant did not satisfy the general residence requirement. Specifically, for the four years prior to his application, the applicant was absent from Australia for 858 days, exceeding the 12-month limit under section 22(1A). Furthermore, in the 12 months immediately preceding his application, he was absent for 340 days, failing the 90-day limit under section 22(1B). Consequently, the applicant could not rely on these deeming provisions. The Tribunal also considered the discretion under section 22(9) but concluded that the applicant had not demonstrated a "close and continuing association to Australia" during his periods of absence, which was a key factor in exercising such discretion.

Ultimately, the Tribunal affirmed the decision to refuse the applicant's application for Australian citizenship by conferral. The applicant was advised that he could lodge a future application, which would be assessed according to the prevailing law and policy at that time.