Khan and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for citizenship by conferral by Mrs Khan, who sought to demonstrate a close and continuing association with Australia despite significant periods of absence. The decision reviewed was made by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the AAT was whether Mrs Khan met the residence requirements for citizenship by conferral, specifically considering the discretion afforded by section 22(9) of the relevant Act. This required the Tribunal to assess whether Mrs Khan had a close and continuing association with Australia during her periods of absence, notwithstanding her failure to meet the primary indicator of physical presence.

The Tribunal considered various factors in determining Mrs Khan's association with Australia. While acknowledging that she had Australian citizen children, an Australian citizen spouse, and owned property in Australia, and had some involvement with the Australian Business Council in the UAE, these were weighed against her limited physical presence in Australia (64 days over four years) and the fact that her Australian home was a rental property occupied for a short period. The Tribunal also noted that her financial investments in Dubai, including a family home worth approximately AU$3 million, and the tax advantages of earning income there, suggested that the financial advantages of living overseas had not receded in significance. The Tribunal drew parallels with previous decisions, such as *Nguyen* and *Torres*, to highlight that an association with Australians does not equate to an association with Australia, and that a generalised wish to reside in Australia is insufficient without specific plans or commitments. Ultimately, the Tribunal was not persuaded that Mrs Khan was likely to reside in Australia in the near future, and therefore affirmed the decision under review.