Petrovski and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral brought by Mr Petrovski before the Administrative Appeals Tribunal. The dispute arose because Mr Petrovski had used an incorrect form when lodging his application with the Department. The core of the dispute was whether the Tribunal possessed the jurisdiction to review the delegate's decision, given the applicant's use of the wrong form.

The Administrative Appeals Tribunal was required to determine whether section 46(1) of the *Australian Citizenship Act 2007* (Cth) precluded it from considering Mr Petrovski's application. This section dictates the requirements for an application for citizenship by conferral. The Tribunal had to ascertain if the use of an incorrect form rendered the application invalid to the extent that it could not be considered by the Tribunal.

The Tribunal found that it lacked jurisdiction to hear the matter. It reasoned that section 46(1) of the *Australian Citizenship Act 2007* imposes strict requirements for the lodgement of an application for citizenship by conferral, including the use of the prescribed form. By using an incorrect form, Mr Petrovski had failed to satisfy a fundamental prerequisite for a valid application, thereby preventing the Tribunal from exercising its review jurisdiction. The Tribunal noted that the applicant's best course of action would be to re-apply for citizenship using the correct form.

The application was dismissed for want of jurisdiction.