Morton and Minister for Immigration and Border Protection

This matter concerned an application by Mr Morton to the Federal Circuit and Family Court of Australia for review of a decision by the Minister for Immigration and Border Protection regarding his Australian citizenship application. The dispute centred on whether Mr Morton met the residence requirements for citizenship.

The court was required to determine whether Mr Morton's substantive application for citizenship had no reasonable prospect of success, thereby justifying its dismissal. This involved an assessment of whether Mr Morton satisfied the general residence requirements under section 22 of the *Australian Citizenship Act 1948* (Cth), including the impact of various ameliorative provisions and the discretionary power under section 22(9).

The court considered Mr Morton's periods of presence and absence in Australia in the four years preceding his citizenship application. It found that his total absences exceeded 12 months, meaning section 22(1A) did not assist him. Furthermore, his absences in the 12 months immediately prior to his application also exceeded the permissible limit under section 22(1B). The court noted that even if the discretionary power under section 22(9) were exercised in his favour, which would only apply to periods after he became a permanent resident, there would still remain a significant period where he was neither present in Australia nor a permanent resident. Consequently, the court was satisfied that Mr Morton's substantive application had no reasonable prospect of success and ordered its dismissal.