Rao and Minister for Home Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral, brought by the applicant, Ms. Rao, against the Minister for Home Affairs. The dispute centred on whether Ms. Rao met the general residence requirements for citizenship. The decision was made by Kira Raif SM.

The primary legal issues before the Tribunal were whether Ms. Rao satisfied the general residence requirements for citizenship by conferral, specifically the requirement to have been present in Australia for four years immediately before the application and present as a permanent resident for 12 months immediately before the application. The Tribunal also considered whether Ms. Rao could rely on more than one deeming provision within section 22 of the *Citizenship Act* to satisfy these requirements, and whether the Minister should exercise discretion under section 22(9) to treat periods of absence as periods of presence in Australia.

The Tribunal found that Ms. Rao had not met the general residence requirements as set out in section 22 of the *Citizenship Act*. Her periods of presence in Australia as a permanent resident were significantly less than the required four years and 12 months respectively. The Tribunal also determined that Ms. Rao could not rely on more than one deeming provision and that the conditions for exercising the ministerial discretion under section 22(9) were not met, as the applicant had not demonstrated a close and continuing association with Australia during her periods of absence. The Tribunal conducted a review *de novo* and concluded that Ms. Rao did not satisfy the legislative requirements for the conferral of citizenship.

Consequently, the Tribunal affirmed the decision under review, meaning Ms. Rao's application for Australian citizenship was not granted.