Oldfield and Minister for Immigration and Border Protection (Citizenship)

The applicant, Mr Oldfield, sought to have a period of approximately eight months before 14 November 2016 treated as time spent in Australia as a permanent resident. This was to satisfy the general residence requirement for citizenship under s 22(1)(c) of the *Australian Citizenship Act 2007* (Cth). Mr Oldfield contended that he would suffer significant hardship or disadvantage if this period were not recognised as such. The Minister declined this request, but the Deputy President of the Administrative Appeals Tribunal (AAT) decided that the discretion should be exercised in Mr Oldfield's favour.

The primary legal issue before the Tribunal was whether the Minister's discretion to treat Mr Oldfield's prior period in Australia as time spent as a permanent resident should be exercised in his favour, thereby allowing him to meet the general residence requirement for citizenship. This involved considering whether Mr Oldfield would face significant hardship or disadvantage if the discretion were not exercised in his favour, particularly in light of his career as a professional footballer.

The Tribunal reasoned that Mr Oldfield would be at a significant disadvantage if he were unable to pursue his sole trained and qualified occupation as a professional footballer. He was unable to secure a position with Australian professional clubs, such as those in the A-League, without Australian citizenship, as these clubs would not offer a "Visa Position" to a goalkeeper, despite recognising his high-level skills and dedication. The Tribunal found that Mr Oldfield's entire life had been focused on professional soccer since his youth, and his inability to continue this career in Australia would result in substantial hardship.

The Tribunal ordered that the Minister's decision be set aside and that the discretion under s 22(1)(c) of the *Australian Citizenship Act 2007* (Cth) be exercised in Mr Oldfield's favour, treating the period before 14 November 2016 as time spent in Australia as a permanent resident.