Liang and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by Mr. Liang. The primary dispute revolved around whether Mr. Liang met the general residence requirements for citizenship, specifically concerning his periods of absence from Australia. The decision was made by Linda Kirk SM in the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Mr. Liang's periods of absence from Australia could be treated as periods of presence as a permanent resident, whether he was likely to reside or continue to reside in Australia, and whether he maintained a close and continuing association with Australia during the relevant period. The Tribunal was required to consider the Citizenship Policy, which outlines eleven factors to be assessed when general residence requirements are not met, and to determine if ministerial discretion should be exercised in his favour.

The Tribunal reasoned that while Mr. Liang had a continuing association with Australia, it was not a close one. Despite having a permanent visa, he did not have a home in Australia during the relevant period, nor did he reside, work in, or engage with Australia in a manner that supported his claim of a close and continuing association. His connection was assessed as being consistent with that of a regular visitor rather than a resident. Although two of the eleven policy factors were favourable, the Tribunal gave them less weight due to Mr. Liang's limited physical presence in Australia during the relevant period. Consequently, the Tribunal was not satisfied that the discretion under section 22(9) of the Act should be exercised in his favour.

Accordingly, the Tribunal affirmed the decision to refuse Mr. Liang's application for Australian citizenship by conferral.