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

This matter concerned an application for Australian citizenship by conferral made by Yanwen Liang. Ms Liang applied for citizenship on 8 December 2018 and subsequently departed Australia, returning only briefly before departing again in September 2019. She did not attend scheduled citizenship tests, claiming the invitations went to her spam folder. A delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused her application on 4 February 2020, as she had not met the requirements, including sitting the test. Ms Liang sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Ms Liang had met the requirements for the grant of Australian citizenship, and whether consideration of her application could be delayed, particularly in light of subsection 24(5) of the *Australian Citizenship Act 2007* (Cth), which prohibits the grant of citizenship to applicants outside Australia. Ms Liang contended that circumstances beyond her control, including flight cancellations due to the COVID-19 pandemic and her pregnancy, prevented her return to Australia to complete the process. She argued for the ability to sit the test in China and for a delay in the decision until her return. The Minister argued that Ms Liang had ample opportunity to return and that delaying a decision based on speculative future circumstances was inappropriate, also noting that other criteria, such as maintaining a close and continuing association with Australia, would still need to be met.

The Tribunal considered the provisions of the *Administrative Appeals Tribunal Act 1975* (Cth) regarding the remittal of decisions for reconsideration and the extension of time limits. It noted that if a decision-maker fails to reconsider a decision within the applicable period, the decision is affirmed. The Tribunal found that Ms Liang had been provided with multiple opportunities to return to Australia and to present evidence, and that the Minister had sought extensions of time to allow for this. Ultimately, the Tribunal concluded that based on the evidence, Ms Liang was and remained ineligible for Australian citizenship. The decision under review, to refuse her application, was affirmed.