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

The Administrative Appeals Tribunal (AAT) considered an application for review of a delegate's decision to refuse Australian citizenship by conferral to the Applicant, a citizen of the United Kingdom. The Applicant had arrived in Australia in 2002 and had been granted permanent residency in 2007. She had resided in Australia for significant periods, maintained strong family and social ties, and had a substantial career in the Australian banking sector. However, she had departed Australia in December 2019 with her family for an extended visit to the United Kingdom, and her subsequent return had been delayed due to COVID-19 pandemic travel restrictions.

The primary legal issue before the Tribunal was whether the Applicant had demonstrated a "close and continuing association with Australia" as required by subsection 22(9)(d) of the *Australian Citizenship Act 1948* (Cth). This assessment involved an evaluative judgment, considering the Applicant's history of travel, her current circumstances, and her intentions regarding future residence in Australia. The Tribunal also considered the Citizenship Procedural Instruction 11, which guides decision-makers on this requirement.

The Tribunal reasoned that the "close and continuing association" requirement should be construed broadly and not narrowly. While acknowledging the Applicant's absence from Australia since February 2020, the Tribunal found this absence to be largely enforced by circumstances beyond her control. The Tribunal was satisfied that the Applicant maintained a close and continuing association with Australia due to her extensive adult working life spent there, her past home ownership and clear intention to acquire property in Australia again, her commitment to her son's uninterrupted education in Australia, and her consistent intention to reside in Australia with her Australian citizen husband and son.

Consequently, the Tribunal affirmed the delegate's decision to refuse the application. However, the Tribunal noted that this decision did not preclude the Applicant from making a future application for citizenship by conferral once she had returned to Australia and satisfied the relevant residency requirements.