Dhir and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for the conferral of Australian citizenship for a child under 15 years of age, who was residing with their non-citizen parent, Ms Dhir. The Minister for Immigration, Citizenship and Multicultural Affairs had refused the application. The case was heard by Mr S. Webb, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the child's application for Australian citizenship should be refused, notwithstanding that the child did not meet the applicable citizenship policy guidelines. Ms Dhir contended that the policy allowed for flexibility and required consideration of all circumstances, particularly those of the child's family unit. She argued that the child's circumstances were unusual and that refusal would result in significant hardship, disadvantage, or detriment, and that conferral of citizenship was in the child's best interests.

The Tribunal considered the history and effects of family violence experienced by the child, including direct physical violence and threats to the child's visa status, as well as witnessing violence against Ms Dhir. While acknowledging the absence of direct therapeutic evidence regarding the child's psychological, behavioural, or educational effects, the Tribunal noted academic papers and Ms Dhir's own evidence of the adverse impacts. The Tribunal applied the principle that citizenship policy must not be applied inflexibly and that decision-makers must consider the full circumstances of a case, particularly if they are unusual, drawing on the reasoning in *Minister for Home Affairs v G*.

The Tribunal determined that the preferable decision was to set aside the decision under review. In substitution, the Tribunal decided that the child's application for conferral of Australian citizenship should not be refused under s 24(2) of the *Citizenship Act*. The matter was remitted to the Minister.