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

This matter concerned an appeal to the Administrative Appeals Tribunal by Mr Kassem against the Minister for Immigration, Citizenship and Multicultural Affairs' decision to cancel his approval for citizenship. The dispute arose after Mr Kassem's visa was mandatorily cancelled due to criminal convictions, and subsequently, his approval for citizenship was cancelled on the ground that he was no longer a permanent resident of Australia.

The Tribunal was required to determine whether the Minister's delegate had erred in cancelling Mr Kassem's citizenship approval. A key issue was whether the applicant's submissions regarding potential harm if returned to Lebanon, which had been a significant factor in earlier proceedings, remained relevant and persuasive in light of intervening circumstances.

The Tribunal noted that Mr Kassem's visa had been mandatorily cancelled under s.501(3A) of the Migration Act 1958 (Cth) due to his criminal convictions. He failed to seek revocation of this cancellation within the prescribed time. Subsequently, his citizenship approval was cancelled under s.25(2)(b)(i) of the Act because he was no longer a permanent resident. The Tribunal acknowledged that an earlier decision affirming this cancellation had been set aside by the Federal Court, remitting the matter for redetermination. Crucially, the Tribunal observed that after the Federal Court hearing, the Department of Home Affairs had informed Mr Kassem that the initial invitation to seek revocation of his visa cancellation was invalid. Consequently, the Minister had reissued this invitation, and Mr Kassem had made representations for revocation, which were still under consideration. The Tribunal considered that this ongoing process regarding his visa status significantly altered the circumstances compared to when the citizenship approval was initially cancelled.

The Tribunal affirmed the decision under review.