Duffy and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by Mrs Duffy, which had been refused by the Minister for Immigration and Border Protection. The dispute centred on whether Mrs Duffy met the requirements of section 21(2)(g) of the *Citizenship Act 2007* (Cth), specifically concerning her likelihood of residing in Australia or maintaining a close and continuing association with the country. The decision was made by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether Mrs Duffy was likely to reside in Australia or continue to reside in Australia, and whether she was likely to maintain a close and continuing association with Australia, as required by section 21(2)(g) of the *Citizenship Act 2007*. The Tribunal was tasked with assessing these criteria in light of the applicant's circumstances, including her past periods of residence in Australia and the development of close ties to the country.

The Tribunal found that while it was not satisfied on all aspects of the criteria, it was satisfied that Mrs Duffy was likely to maintain a close and continuing association with Australia if her application were approved. This satisfaction was based on the applicant having spent lengthy periods in Australia and having developed close ties. Consequently, the Tribunal set aside the Minister's decision and remitted the matter for reconsideration, directing that Mrs Duffy be taken to satisfy section 21(2)(g) of the Act.