Kwun Kiu Lo v Minister for Immigration and Border Protection

This matter concerned an application for Australian citizenship by conferral by Mr Kwun Kiu Lo. The Minister for Immigration and Border Protection had refused to approve Mr Lo's application. The Administrative Appeals Tribunal (AAT) reviewed this decision.

The court was required to determine two key issues. Firstly, whether Mr Lo satisfied the general residence requirement under section 22 of the *Australian Citizenship Act 2007* (Cth) at the time he made his application. Secondly, whether Mr Lo was likely to reside, or continue to reside, in Australia, or to maintain a close and continuing association with Australia, if his citizenship application were approved, as required by section 21(2)(g) of the Act.

The court noted that to be eligible for citizenship by conferral, an applicant must satisfy all criteria in section 21(2) of the Act. It was not in dispute that Mr Lo met criteria relating to age, permanent residency status at the time of application and decision, understanding of the application process, basic English language knowledge, adequate knowledge of Australia and its citizenship responsibilities and privileges, and good character. The dispute centred on the general residence requirement and the likelihood of future residence or association with Australia. The court affirmed the decision under review.