Kirubi and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The applicant, Mr Kirubi, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for Australian citizenship. The Minister's decision was made on the basis that Mr Kirubi did not meet the special residence requirements prescribed by the *Australian Citizenship Act 1948* (Cth).

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Minister's decision to refuse the citizenship application was affected by an error of law. Specifically, the court was required to determine if the Minister had correctly applied the provisions of the *Australian Citizenship Act 1948* and the associated regulations concerning the special residence requirements for citizenship by conferral.

The court found that the Minister had correctly applied the relevant legislative provisions. The evidence demonstrated that Mr Kirubi had not satisfied the continuous residence requirement as stipulated by the Act, nor had he met the criteria for any exceptions or waivers that might have been applicable. Consequently, the Minister's decision to refuse the application was upheld.