HLLL and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by HLLL, who sought review of a decision by the Minister for Immigration and Border Protection to refuse his application. The dispute centred on whether HLLL met the residence requirements stipulated by the *Australian Citizenship Act 1948* (Cth). The decision was made by D. J. Morris SM.

The primary legal issues before the Tribunal were whether HLLL satisfied the general residence requirement for citizenship, and if not, whether he met the criteria for the special residence requirement, which involves specific types of work necessitating regular travel outside Australia. The Tribunal also considered the submission that the discretion under section 22B(1A) of the Act was a personal, non-delegable power of the Minister, and therefore, a delegate or the Tribunal could not exercise it.

The Tribunal found that HLLL did not satisfy the general residence requirement. His travel records indicated he was absent from Australia for 621 days in the four years preceding his application, exceeding the permissible absence of up to 12 months. Furthermore, his absence in the 12 months immediately before applying was 245 days, significantly more than the 90 days allowed under section 21(1)(c) of the Act. The Tribunal noted that the special residence provisions are not intended as an alternative pathway for those who choose to be absent for extended periods, but rather for individuals whose specific work requires them to travel. Consequently, HLLL’s application could not succeed.

The Tribunal affirmed the reviewable decision to refuse HLLL's citizenship application.