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

The Administrative Appeals Tribunal considered an application for Australian citizenship by conferral made by Mr Kemmerich. The Minister for Immigration, Citizenship and Multicultural Affairs opposed the application. The core of the dispute concerned whether Mr Kemmerich met the general residence requirements for citizenship, specifically the criterion of having a close and continuing association with Australia, in light of his overseas absences.

The Tribunal was required to determine whether Mr Kemmerich had satisfied the general residence requirements for the conferral of Australian citizenship. This involved assessing whether his absences from Australia were consistent with maintaining a close and continuing association with the country, as stipulated by the relevant legislative provisions.

The Tribunal's reasoning focused on the cumulative effect of the evidence presented. It found that Mr Kemmerich's overseas absences were such that they did not demonstrate a close and continuing association with Australia. Consequently, the Tribunal affirmed the decision under review, which was to refuse the approval of the application for Australian citizenship by conferral.