Ranasinghe and Minister for Immigration and Border Protection (Citizenship)

The Administrative Appeals Tribunal considered the application of Mr Ranasinghe, who sought Australian citizenship. The dispute centred on whether Mr Ranasinghe met the special residence requirement under the *Australian Citizenship Act 2007* (Cth), specifically s 22B(1)(b), which requires engagement in a particular kind of work for at least two years within the four years preceding the citizenship application.

The primary legal issue before the Tribunal was the interpretation of the phrase "that kind of work" as used in s 22B(1)(b)(i) of the Act. The applicant contended that this phrase referred solely to the type of work specified in s 22C(3), excluding the travel requirement. Conversely, the respondent argued that "that kind of work" incorporated all elements of the preceding subsection, s 22B(1)(a), including the necessity for regular travel outside Australia due to the work.

The Tribunal found in favour of the respondent, holding that the ordinary and natural meaning of "that kind of work" in s 22B(1)(b)(i) referred to the description of work in s 22B(1)(a). This description includes both the nature of the work (as specified under s 22C(3)) and the requirement to regularly travel outside Australia because of that work. The Tribunal reasoned that this interpretation was consistent with the structure of s 22B, particularly s 22B(1)(b)(ii), which requires actual travel outside Australia for the work. As Mr Ranasinghe had only worked for 22 months in a role requiring international travel in the four years prior to his application, he did not satisfy the two-year engagement period stipulated by the Act.

Consequently, the Tribunal affirmed the delegate's decision to refuse Mr Ranasinghe's application for Australian citizenship.