Giri and Minister for Immigration, Citizenship, and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by the Applicant, Ms. Giri, against a decision of the Minister for Immigration, Citizenship, and Multicultural Affairs. The central dispute revolved around whether Ms. Giri met the necessary residence requirements at the time she lodged her application. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Minister's refusal of her citizenship application.

The primary legal issue before the Tribunal was to determine whether Ms. Giri satisfied the general residence requirements stipulated in section 22(1)(c) of the *Australian Citizenship Act 2007* (Cth) at the time of her application. This required an assessment of whether she had been a permanent resident for the 12 months immediately preceding her application. Additionally, the Tribunal considered whether any Ministerial discretions or special residence requirements, as outlined in sections 22A and 22B of the Act, were applicable or could be invoked to overcome the failure to meet the general residence criteria.

The Tribunal reasoned that the provisions of the *Australian Citizenship Act 2007* regarding residence requirements must be strictly applied. It was not disputed that Ms. Giri was granted permanent residency on 9 November 2021 and lodged her citizenship application on 9 February 2022, meaning she had only been a permanent resident for 92 days, falling significantly short of the required 12 months. The Tribunal affirmed that there are no waiver provisions for compassionate circumstances or for delays caused by external factors like the COVID-19 pandemic, citing previous AAT decisions. Consequently, the Tribunal found that Ms. Giri did not meet the general residence requirements, nor did she qualify for any applicable Ministerial discretions or special residence requirements.

Accordingly, the Tribunal affirmed the decision under review, concluding that Ms. Giri was not entitled to be granted Australian citizenship by conferral at the time of her application.