Lazarides and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by Mr Lazarides, with the Minister for Immigration and Border Protection as the respondent. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Lazarides satisfied the eligibility criteria for citizenship, specifically the general residence requirement, special residence requirements, or defence service requirement.

The primary legal issues before the Tribunal were whether Mr Lazarides met the general residence requirement as defined in section 22 of the *Australian Citizenship Act 1948* (Cth), or alternatively, the special residence requirements under sections 22A or 22B, or the defence service requirement under section 23. The Tribunal had already satisfied itself that Mr Lazarides met the age and permanent residency requirements under section 21(2) of the Act.

The Tribunal found that Mr Lazarides did not satisfy the general residence requirement, which mandates presence in Australia for four years immediately preceding the application, including 12 months as a permanent resident, and no unlawful presence during that period. While Mr Lazarides provided a statement indicating his long-term residence in Australia, his business activities involved significant international travel for yacht brokerage, which the Tribunal considered in light of the statutory requirements. The Tribunal was not satisfied that the evidence presented demonstrated compliance with the specific temporal and residency conditions stipulated in section 22. Consequently, as Mr Lazarides failed to meet any of the alternative eligibility pathways, his application was refused.

The Tribunal affirmed the decision of the delegate of the Minister dated 21 July 2016 to refuse Mr Lazarides’ application for Australian citizenship.