FQHD, by his Mother and Minister for Immigration and Multicultural Affairs (Citizenship)

This matter concerned applications for Australian citizenship by conferral made on behalf of two minor children, FQHD and LHZR, who were citizens of the Republic of Singapore and Australian permanent residents. Their mother, Dr A, also a permanent resident of Australia and a citizen of Singapore, lodged the applications. The applications were refused by delegates of the Minister for Immigration and Multicultural Affairs. Dr A sought review of these decisions by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the delegates' decisions to refuse citizenship to FQHD and LHZR were correct. Specifically, the Tribunal had to consider the application of the Department's Citizenship Policy Instructions (CPIs), particularly CPI 4, which relates to citizenship by conferral for persons under 18. The core of the dispute involved whether the applicants met the criteria outlined in the policy, especially in light of the responsible parent's own residence requirements and the fact that Singapore does not permit dual citizenship.

The Tribunal acknowledged that while departmental policy is generally followed, it does not have the force of law and must not be applied inflexibly. The Tribunal noted that the responsible parent, Dr A, did not meet the general residence requirement under the Act at the time of her own citizenship application, which was a factor in the policy. However, the Tribunal found that applying the policy in this instance would lead to an unjust outcome, particularly as another of Dr A's children, OLDS, who had lodged his application at the same time, had been granted citizenship. The Tribunal concluded that it was desirable for all three minor children to be treated the same.

Consequently, the Tribunal set aside the decisions to refuse citizenship to FQHD and LHZR. The Tribunal substituted new decisions, directing that the discretion under section 24(2) of the Act to refuse citizenship should not be exercised in their cases, and remitted the matters to the Respondent for completion of any outstanding requirements for the conferral of Australian citizenship.