Joseph and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by Mr Joseph, whose approval for conferral of citizenship had been cancelled. The cancellation occurred because Mr Joseph failed to make the pledge of commitment within 12 months of receiving notice of his approval. The dispute before the court was whether Mr Joseph had a prescribed reason for this failure, as contemplated by the *Australian Citizenship Act 1948* (Cth) and its associated Regulations.

The court was required to determine whether the applicant's reasons for failing to make the pledge of commitment within the prescribed timeframe constituted a "prescribed reason" under the *Australian Citizenship Regulations 2007*. Specifically, the court had to consider if the applicant's overseas presence to care for his critically ill mother qualified as a valid excuse under the Regulations, and if the applicant had provided the necessary supporting documentation.

The court considered the applicant's evidence that he had travelled overseas on 14 February 2014 to care for his mother, who had suffered a cerebral haemorrhage and required constant assistance. Medical certificates confirmed his mother's critical condition and ongoing need for care. While the applicant had planned to return to Australia in August 2014, his mother's condition necessitated his continued presence until she had recovered sufficiently to manage with one carer. The court noted that the applicant's mother was still in need of care and totally dependent on others in July 2015. However, the court found that the applicant had not provided the required signed statement and written evidence to support his claim for a prescribed reason under subregulation 7(5) of the *Australian Citizenship Regulations 2007*.

Consequently, the decision under review, which affirmed the cancellation of the applicant's citizenship approval, was affirmed. The court noted that it remained open for the applicant to apply for citizenship again and satisfy a decision-maker of his eligibility.