LNRD & RFKS and Minister for Home Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral made on behalf of the second applicant, RFKS, a minor, by her mother, LNRD. The Minister's delegate had refused to grant citizenship to RFKS, despite finding that she met the eligibility requirements under section 21(5) of the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal (AAT) reviewed the delegate's decision.

The primary legal issue before the Tribunal was whether the Minister's delegate had erred in refusing to grant citizenship by conferral to RFKS, and whether the discretion to refuse the application under section 24(2) of the Act should be exercised. This involved considering the circumstances surrounding the cancellation and subsequent setting aside of the applicants' visas, and whether these factors warranted a refusal of citizenship.

The Tribunal reasoned that the delegate had found RFKS satisfied the substantive criteria for citizenship. Furthermore, the Tribunal considered evidence that may not have been before the original decision-maker, including the circumstances of the family breakdown and the applicant's fears for her safety and that of her daughter. In light of these considerations, the Tribunal concluded that it would be contrary to RFKS's best interests to withhold her citizenship.

Consequently, the Tribunal affirmed the delegate's decision to refuse citizenship to the first applicant, LNRD. However, the Tribunal set aside the delegate's decision to refuse citizenship to the second applicant, RFKS, and remitted the matter to the Minister for reconsideration in accordance with the Tribunal's findings.