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

This matter concerned an application for Australian citizenship by conferral made by Mr Qureshi, a Pakistani citizen, which was refused by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. Mr Qureshi sought review of this decision. The core of the dispute revolved around whether Mr Qureshi had demonstrated a close and continuing association with Australia, particularly in light of his extended periods of absence from the country.

The legal issues before the court were whether the applicant was likely to reside in Australia, and whether he had maintained a close and continuing association with Australia, as required for citizenship by conferral. The court had to consider the meaning of "likely to reside" in the context of the Australian Citizenship Act 2007 (Cth) and relevant case law.

The court affirmed the delegate's decision to refuse the application. It reasoned that while Mr Qureshi intended to reside in Australia and had family ties there, his prolonged absence since 2018, residing and working in the UAE, indicated that he was not "likely to reside" in Australia immediately or within a reasonable time thereafter, as interpreted in Re Ho. The court noted that his wife's professional qualifications were still being pursued in the UAE, and their family had renewed their lease there. The court concluded that Mr Qureshi's move to the UAE was based on employment and family support decisions, and despite his desire to return to Australia, his current circumstances did not satisfy the residency requirement. The court found no prejudice to Mr Qureshi, as he remained a permanent resident and could reapply upon meeting the criteria and demonstrating the required association upon his return.