NXYD and Minister for Home Affairs (Citizenship)

The applicant, NXYD, sought review of the Minister for Home Affairs' decision to refuse their application for citizenship by conferral. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the applicant met the eligibility requirements for citizenship under the *Australian Citizenship Act 2007* (Cth).

The primary legal issue before the Tribunal was whether the applicant satisfied the general residence requirement for citizenship by conferral. This requirement mandates that an applicant be present in Australia for a period of four years immediately preceding the application date, with no more than 12 months of absence during that period. The Tribunal also considered whether any alternative pathways to citizenship, such as the defence service requirement, were met.

The Tribunal found that the applicant did not meet the general residence requirement, as they had been absent from Australia for more than 12 months within the four-year period immediately before lodging their application. The Tribunal also noted that the defence service requirement was not met. The applicant's submissions regarding the alleged approval of other individuals in similar circumstances were deemed irrelevant, as the Tribunal's assessment was confined to the applicant's specific circumstances and eligibility. Consequently, the Tribunal affirmed the Minister's decision to refuse the application for citizenship.