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

This matter concerned an application for Australian citizenship by conferral by Ms Lim, who sought the exercise of ministerial discretion under section 22(9) of the *Australian Citizenship Act 2007* (Cth). Ms Lim’s husband and son are Australian citizens, and she is a permanent resident of Australia. The dispute arose when the Minister refused to exercise the discretion to treat a period of absence from Australia as a period of presence, which was subsequently affirmed by the Tribunal.

The legal issues before the court were whether Ms Lim had a "close and continuing association with Australia" during the four years immediately preceding her citizenship application, and consequently, whether it was appropriate to exercise the discretion under section 22(9) of the Act. The court was required to assess the evidence presented by Ms Lim and her husband against the statutory requirements for this discretion.

The court reasoned that despite Ms Lim's familial ties to Australia, her actual physical presence and demonstrable association with Australia during the relevant period were minimal. Ms Lim had resided in Singapore with her husband, an airline pilot, since 1994 due to his employment. While her husband and son were Australian citizens and intended for their son to study in Australia, this future intention did not satisfy the requirement of a close and continuing association during the specified four-year period. The court noted that Ms Lim had spent only a few days in Australia in the four years prior to her application and none in the twelve months immediately before it, with the COVID-19 pandemic cited as a reason for travel difficulties. Ultimately, the court found that Ms Lim had failed to demonstrate the requisite close and continuing association with Australia, and therefore, the discretion under section 22(9) should not be exercised.