Lee and Minister for Home Affairs (Citizenship)

This matter concerned an application for citizenship by conferral by the Applicant, who was employed by Air Canada as Director, International Sales, Asia Pacific region. The dispute centred on whether the Applicant satisfied the special residence requirement under section 22B of the *Citizenship Act 2007* (Cth). The decision was made by Linda Kirk SM.

The legal issues before the court were whether the Applicant was engaged in work of a kind specified under section 22C(3) of the Act, and specifically, whether his role constituted being a "member of the crew of an aircraft" for the purposes of the special residence requirement. The court was required to interpret the meaning of "member of the crew of an aircraft" within the context of the Act and relevant regulations, and to determine if the Applicant's duties met the statutory criteria.

The court applied principles of statutory construction, emphasising that the text of the legislation, its purpose, and context are paramount. It noted that section 22B provides an exhaustive list of qualifying work, and there is no discretion to consider other factors like economic contribution. The court found that the Applicant's role with Air Canada did not fall within the specified categories of work, as neither Air Canada nor Malaysia Airlines were listed on the ASX. Furthermore, the court determined that the ordinary meaning of "member of the crew of an aircraft," supported by definitions in aviation safety regulations, refers to individuals directly involved in the operation or safety of the aircraft during flight, such as pilots or cabin crew. The Applicant's duties, while involving travel and interaction with crew and passengers, did not align with these definitions.

Consequently, the decision under review was affirmed, meaning the Applicant did not satisfy the special residence requirement. The court noted that the Applicant, as a permanent resident, remained eligible to re-apply for citizenship in the future should he meet the general or special residence requirements and other criteria.