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

The Administrative Appeals Tribunal considered an application by Mr Po for Australian citizenship, which had been refused by the delegate of the Minister for Immigration, Citizenship and Multicultural Affairs. The delegate's decision was based on the applicant not satisfying the general residence requirement under subsections 22(1)(a) and (c) of the *Citizenship Act 2007* (Cth). The central dispute before the Tribunal was whether the discretion provided in section 22(9) of the Act could be exercised to deem Mr Po as having met the general residence requirement.

The legal issues before the Tribunal were whether Mr Po satisfied the general residence requirement for citizenship, specifically whether the discretion under section 22(9) of the *Citizenship Act 2007* could be exercised in his favour. This required an assessment of his overseas absences in the four years and the twelve months immediately preceding his citizenship application, and whether these absences prevented him from meeting the criteria for the exercise of the discretion.

The Tribunal found that Mr Po did not satisfy the criteria for the exercise of the discretion under section 22(9) of the Act. The evidence established that Mr Po was absent from Australia for 1013 days in the four years immediately prior to his application, and for 268 days in the twelve months immediately prior to his application. These absences exceeded the limits prescribed by subsections 22(1)(a) and (c) respectively, and he was not assisted by the deeming provisions in sections 22(1A) or 22(1B). Crucially, the Tribunal noted that Mr Po did not satisfy section 22(9)(c), which is a prerequisite for the exercise of the discretion. Consequently, Mr Po did not meet the general residence requirement.

The Tribunal affirmed the decision of the delegate of the Minister to refuse Mr Po's application for Australian citizenship.