Mukerji and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by Mr Mukerji, with the Minister for Immigration and Border Protection as the respondent. The dispute centred on whether Mr Mukerji met the residency requirements for citizenship. The decision was made by Senior Member Egon Fice of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr Mukerji had established a close and continuing association with Australia during the four-year period preceding his citizenship application. Furthermore, the Tribunal had to consider whether, in the absence of such an association, Mr Mukerji was likely to reside in Australia or maintain a close and continuing association with Australia if his application were approved, as required by section 21(2)(g) of the *Citizenship Act*. The Tribunal also considered the application of section 22(9) of the *Citizenship Act*, which provides for a discretion to treat periods spent outside Australia as periods of presence in Australia.

The Tribunal found that the evidence did not demonstrate a close and continuing association with Australia. Consequently, Mr Mukerji was required to satisfy the Minister that he was likely to reside in Australia. The Tribunal found his stated intention to reside in Australia to be vague and indeterminate, contingent on future employment prospects. The Tribunal also considered that even if it were incorrect about the close and continuing association, it would not exercise the discretion under section 22(9) because Mr Mukerji's reasons for residing outside Australia were based on employment opportunities rather than difficulties with his spousal relationship. Ultimately, the Tribunal concluded that Mr Mukerji did not satisfy the general eligibility requirements under section 21(2)(g).

The Tribunal affirmed the decision of the delegate of the Minister to refuse Mr Mukerji's application for Australian citizenship.