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

This matter concerned an application for Australian citizenship by conferral made by the Applicant, who was refused on the grounds that she did not meet the general residency requirements. The Applicant sought an exemption from these requirements, arguing she maintained a close and continuing association with Australia. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The decision was made by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Applicant had demonstrated a close and continuing association with Australia during the relevant period, as contemplated by section 22(9)(d) of the *Australian Citizenship Act 1948* (Cth), to warrant an exemption from the general residency requirements. This required the Tribunal to consider the Applicant's circumstances in light of relevant policy instructions and case law, particularly concerning the interpretation of "association with Australia" as distinct from an association with Australian citizens.

The Tribunal considered the Applicant's history, including her periods of residence in Australia, her ownership of property in Sydney, her ongoing financial and administrative involvement with that property, and her stated intention to return and purchase a new home. However, the Tribunal found that despite these factors, the Applicant had not satisfied the requirement of a close and continuing association with Australia. The Tribunal noted that while the Applicant had friends and family in Australia and maintained contact, this was insufficient to meet the legal threshold. Furthermore, while the Applicant owned property, her plans to acquire a new residence had not progressed beyond initial intentions, and she had not taken concrete steps to inspect or inquire about properties.

Consequently, the Tribunal was not satisfied that the Applicant had a close and continuing association with Australia during the relevant period. The reviewable decision of 23 August 2021, which refused the Applicant's application for Australian citizenship by conferral, was affirmed.