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

This matter concerned an application for Australian citizenship by conferral by Ms Li, a Chinese national, against a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. Ms Li had resided in Australia between 2009 and late 2017, with a brief period in China for work, and became a permanent resident in November 2013. She applied for citizenship in November 2017, shortly before departing Australia for a two-year contract in Hong Kong, where she continued to reside at the time of the hearing. The Minister's delegate refused her application, being unsatisfied that she was likely to reside in Australia or maintain a close and continuing association with Australia if approved, and also due to the provision that citizenship generally cannot be approved while the applicant is outside Australia.

The Administrative Appeals Tribunal was required to determine whether Ms Li met the eligibility requirements for Australian citizenship by conferral, specifically whether she was likely to reside in or continue to reside in Australia, or maintain a close and continuing association with Australia, as stipulated by paragraph 21(2)(g) of the *Australian Citizenship Act 2007* (Cth). Additionally, the Tribunal had to consider whether it was prohibited from approving her application due to subsection 24(5) of the Act, which generally prevents the approval of citizenship for a person not present in Australia.

The Tribunal reasoned that while Ms Li had expressed an intention to return to Australia with her fiancé, Mr Yin, and had provided evidence of a past job offer and a rental agreement for accommodation in Sydney, these plans had either passed or were uncertain. The Tribunal noted that the job offer had expired and that Mr Yin, also a Chinese national, had not yet secured employment or sponsorship in Australia, despite searching online. While Ms Li had some casual work available and a significant amount in an Australian bank account, the Tribunal found that her prolonged residence in Hong Kong and China, coupled with the lack of concrete evidence of a settled intention to reside in Australia, did not satisfy the requirement under paragraph 21(2)(g). Consequently, the Tribunal affirmed the delegate's decision, finding that Ms Li did not meet the necessary criteria for citizenship by conferral and that subsection 24(5) prohibited approval while she was outside Australia.