Perera and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by Ms Perera. The Minister for Immigration, Citizenship and Multicultural Affairs refused the application, and Ms Perera sought review of that decision. The case was heard by K Millar SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Ms Perera met the general residence requirement for citizenship by conferral under section 21(2)(c) of the *Australian Citizenship Act 2007* (Cth), and whether she was likely to reside in Australia or maintain a close and continuing relationship with Australia if her application were approved, as required by section 21(2)(g) of the Act. The general residence requirement, as defined in section 22(1) of the Act, necessitates presence in Australia for the four years immediately preceding the application date.

The Tribunal found that Ms Perera did not satisfy the general residence requirement because she had last departed Australia on 15 September 2019 and had not returned by the application date of 17 January 2022, meaning she was not present in Australia for the requisite four-year period. While section 22(9) of the Act provides a discretion to treat periods of absence as periods of presence for spouses or de facto partners of Australian citizens under certain conditions, the Tribunal determined that Ms Perera did not meet these conditions. Consequently, as she failed to meet the general residence requirement, it was unnecessary to consider the issue of her likelihood to reside in Australia or maintain a close and continuing relationship with the country.

The Tribunal affirmed the decision under review, meaning Ms Perera's application for Australian citizenship by conferral was refused.