NRHM and Minister for Home Affairs (Citizenship)

The Administrative Appeals Tribunal (AAT) considered the application of NRHM for Australian citizenship, which had been refused by the Minister for Home Affairs. The dispute centred on whether NRHM met the general residence requirement under section 21(2)(c) of the *Australian Citizenship Act 1948* (Cth) at the time of her application, and if not, whether ministerial discretion could be exercised under section 22 of the Act.

The legal issues before the Tribunal were twofold: first, whether NRHM satisfied the general residence requirement as defined in section 22 of the Act, which involves specific periods of presence in Australia as a permanent resident and limits on overseas absences; and second, if she did not meet this requirement, whether the Minister could exercise discretion under section 22(9) of the Act, specifically by being satisfied that NRHM maintained a close and continuing relationship with Australia. This latter consideration was particularly relevant given NRHM's Australian spouse and child.

The Tribunal found that NRHM did not satisfy the general residence requirement because her overseas absences exceeded the permissible limits outlined in sections 22(1A) and 22(1B) of the Act. Consequently, she could not be considered to have been present in Australia for the requisite periods immediately before her application. In assessing the potential for ministerial discretion under section 22(9), the Tribunal considered whether NRHM maintained a close and continuing association with Australia. Applying the principles from cases such as *Saba and Minister for Immigration and Border Protection* [2014] AATA 579, the Tribunal weighed factors indicative of such an association. However, the Tribunal concluded that NRHM's prolonged absence from Australia, coupled with her limited period of prior residence and an unspecified return date, did not demonstrate the necessary close and continuing association with Australia to warrant the exercise of ministerial discretion.

Accordingly, the Tribunal affirmed the decision of the Minister to refuse NRHM's application for Australian citizenship.