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

This matter concerned an application for Australian citizenship by conferral by Ms Downey. The dispute arose because the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused Ms Downey's application, and she sought review of that decision before the Administrative Appeals Tribunal. The Tribunal, constituted by Dr L Bygrave, Member, was required to determine whether Ms Downey met the requirements for citizenship by conferral under the *Australian Citizenship Act 2007* (Cth).

The primary legal issues before the Tribunal were whether Ms Downey was likely to reside in Australia or likely to maintain a close and continuing association with Australia, as required by paragraph 21(2)(g) of the Act. The Tribunal also considered whether Ms Downey satisfied any special residence requirements or other relevant circumstances under sections 22A, 22B, 22(9), or 22(11) of the Act, which would permit approval of her citizenship application despite her absence from Australia.

In reaching its decision, the Tribunal considered government policy statements and evidence regarding Ms Downey's history of travel and residence. It noted that Ms Downey had spent only 13 months in Australia since being granted permanent residency in March 2016, and had resided in Ireland for most of the preceding four years. While accepting her explanation for her departure in October 2017 to care for her ill father, the Tribunal found minimal evidence of her likelihood to reside in Australia. This was based on her immediate family members residing in Ireland, her lack of property or substantial financial assets in Australia, and her employment and online business arrangements not requiring her presence in Australia. Similarly, the Tribunal found her association with Australia to be limited, primarily consisting of friendships and an Australian bank account, while her immediate family and current employment base remained in Ireland.

Consequently, the Tribunal found that Ms Downey did not satisfy the requirements of paragraph 21(2)(g) of the Act, nor did she meet any special residence requirements or other relevant circumstances that would allow for the approval of her citizenship application while she was not present in Australia. Accordingly, the Tribunal affirmed the delegate's decision to refuse the application.