Khazzam and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by Mr Khazzam, which was refused by the Minister for Immigration and Border Protection. The Administrative Appeals Tribunal (AAT) affirmed the Minister's decision.

The primary legal issue before the AAT was whether Mr Khazzam satisfied the general residence requirement for citizenship under the *Australian Citizenship Act 2007* (Cth), and if not, whether the discretion under section 22(9) of the Act should be exercised in his favour. This discretion allows for the conferral of citizenship even if the general residence requirement is not met, provided the applicant has a close and continuing association with Australia. The AAT was required to consider the Citizenship Policy and the specific circumstances of Mr Khazzam's life and his connections to Australia.

The AAT found that Mr Khazzam did not satisfy the general residence requirement, as his home was determined to be in Kuwait, not Australia. While acknowledging his Australian visas, his attempts to find work in Australia, and the presence of his Australian citizen children in Australia, the AAT gave significant weight to the fact that Mr Khazzam's home was offshore. The AAT also noted that his children, although Australian citizens, were born and largely raised in Kuwait. Consequently, the AAT was not satisfied that Mr Khazzam had a close and continuing association with Australia during the relevant period, and therefore, the discretion under section 22(9) was not exercised in his favour.

The AAT affirmed the decision of the Minister to refuse the grant of Australian citizenship.