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

This matter concerned an application for citizenship by conferral made by Mr Guo, with the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs as the respondent. The dispute arose from the Minister's decision to refuse Mr Guo's application, which Mr Guo sought to have reviewed. The case was heard by Dr Stewart Fenwick, Senior Member, in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Guo was likely to reside or continue to reside in Australia, and if not, whether he was likely to maintain a close and continuing association with Australia, as required by section 21(2)(g) of the Australian Citizenship Act 2007. The Tribunal was required to consider Mr Guo's stated intentions, his past movements, his connections to Australia, and the relevant Citizenship Procedural Instructions in making its determination.

The Tribunal found that the evidence was sufficient to satisfy the legislative requirement that Mr Guo was likely to continue to reside in Australia. It was not persuaded that the respondent had successfully challenged the genuineness of Mr Guo's intentions or that his actions cast meaningful doubt on these intentions. The Tribunal considered Mr Guo's long-term residence in Australia, his educational background, his stated preference for the Australian lifestyle, his assets in Australia, his business plans, and his relationship with his partner who considered Australia her home. The Tribunal also noted that Mr Guo was present in Australia at the time of the hearing.

Consequently, the Tribunal decided to set aside the Minister's decision dated 23 December 2019 and remitted the matter to the Respondent for reconsideration with a direction that Mr Guo satisfies the requirements of section 21(2)(g) of the Australian Citizenship Act 2007.