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

The applicant, Ms. Druguet, sought Australian citizenship by conferral. The delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs affirmed a decision that Ms. Druguet did not meet the general residence requirements for citizenship. Ms. Druguet was residing in Romania at the time of the proceedings.

The court was required to determine whether Ms. Druguet satisfied the general residence requirement under paragraph 21(2)(c) of the *Australian Citizenship Act 2007* (Cth) (the Act), and whether the prohibition on approving citizenship for a person not present in Australia, as stipulated in subsection 24(5) of the Act, continued to apply. The general residence requirement mandates presence in Australia for four years immediately preceding the application, with at least 12 months as a permanent resident, and limited absences.

The delegate found that Ms. Druguet did not meet the general residence requirement because she was not physically present in Australia for the requisite periods. Furthermore, the delegate determined that the ministerial discretion under subsection 22(9) of the Act, which allows for periods spent outside Australia to be treated as time spent in Australia for permanent residents who are spouses of Australian citizens, was unavailable. This was because Ms. Druguet had divorced her Australian citizen husband prior to lodging her citizenship application. The delegate also concluded that subsection 24(5) of the Act prohibited approval as Ms. Druguet was not present in Australia. The court affirmed the delegate's decision.