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

This matter concerned an application by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs for dismissal of Mr Hollonds' substantive application for citizenship pursuant to section 42B(1) of the *Administrative Appeals Tribunal Act 1975* (Cth). The Minister contended that Mr Hollonds' application had no reasonable prospects of success.

The primary legal issue before the Tribunal was whether Mr Hollonds satisfied the general residence requirement for citizenship, which is a prerequisite for the exercise of any discretionary powers by the Minister. The Tribunal was required to determine if Mr Hollonds had met the specified period of lawful residence in Australia immediately preceding his application.

The Tribunal found that Mr Hollonds had not satisfied the general residence requirement. It reasoned that this failure meant that the Minister's discretions, which might otherwise have been available to consider his application, were not enlivened. Consequently, the Tribunal concluded that Mr Hollonds' substantive application for citizenship had no reasonable prospects of success and granted the Minister's application for dismissal.