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

This matter concerned an application for citizenship by conferral made by Mr. Hussain. The Minister for Immigration, Citizenship and Multicultural Affairs refused the application, and Mr. Hussain sought review of that decision before the Tribunal. The primary dispute revolved around whether Mr. Hussain was likely to reside, or continue to reside, in Australia or maintain a close and continuing association with Australia if his application were approved.

The Tribunal was required to determine whether Mr. Hussain had demonstrated a sufficient connection to Australia to satisfy the criterion that he is likely to reside in Australia or maintain a close and continuing association with Australia. A secondary issue, concerning the prohibition in section 24(5) of the Act when an applicant is not present in Australia, was also raised, though the Tribunal indicated a tentative view that it did not apply to its role in considering eligibility criteria.

The Tribunal, standing in the shoes of the Minister, considered Mr. Hussain's extensive overseas travel during the period he was in Australia between 2017 and 2021, noting his departure on 8 April 2021 and subsequent failure to return. While acknowledging evidence of friendships, professional regard from a former boss, the continued registration and tax compliance of his Australian company, and his personal tax lodgements, the Tribunal weighed this against the lack of evidence of his wife's imminent arrival or visa applications for her. The Tribunal noted that Mr. Hussain's booking of a flight and application for a job occurred after the Respondent's Statement of Facts and Contentions highlighted these deficiencies. Ultimately, the Tribunal affirmed the reviewable decision to refuse the application for citizenship by conferral.