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

This matter concerned an application for review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' refusal to grant Australian citizenship by conferral to Ms Loo. The primary dispute revolved around Ms Loo's eligibility for citizenship, specifically her failure to meet the general residence requirement.

The Administrative Appeals Tribunal was required to determine whether Ms Loo met the criteria for Australian citizenship by conferral, particularly the requirement of being present in Australia as a permanent resident for at least 12 months immediately preceding the date of her application, and for a total of four years immediately preceding that date. The Tribunal also had to consider whether the Minister's discretion under section 22(9) of the *Australian Citizenship Act 2007* (Cth) could be exercised in Ms Loo's favour, despite her not meeting the statutory residence requirements.

The Tribunal found that Ms Loo did not satisfy the residence requirements stipulated in section 21(1) of the *Australian Citizenship Act 2007* (Cth). Specifically, she was not present in Australia for the requisite four-year period immediately before her application, nor was she present as a permanent resident for the 12 months immediately preceding her application. The Tribunal concluded that there was no basis to exercise the discretion under section 22(9) as the circumstances did not warrant it, and therefore, the application for review was dismissed.