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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding the refusal of an application for Australian citizenship by conferral made on behalf of a minor. The applicant, represented by his father, had applied for citizenship while residing in Australia. However, he subsequently moved to the United Kingdom with his mother to pursue a scholarship, with the intention of returning to Australia after completing his education. The core dispute revolved around the exercise of discretion under section 24(2) of the *Citizenship Act* to approve or refuse the application, particularly in light of the applicant's absence from Australia and relevant ministerial policy.

The legal issues before the Tribunal were whether the applicant met the criteria for the exercise of discretion in his favour, notwithstanding his absence from Australia and the relevant ministerial policy. Specifically, the Tribunal was required to consider whether the applicant would suffer significant hardship or disadvantage if his application were refused, and whether the policy regarding children aged 16 and 17 years old should be applied. The Tribunal also had to determine if the "best interests of the child" considerations were relevant in circumstances where the applicant was not residing in Australia.

The Tribunal reasoned that the applicant did not meet the policy and procedural guidelines for granting citizenship to persons under 18, primarily due to his prolonged absence from Australia and the lack of evidence of significant hardship or detriment should his application be refused. The Tribunal noted that the applicant was not residing overseas with an Australian citizen parent and that his parents were able to support his education. Consequently, the Tribunal concluded that the discretion under section 24(2) of the *Citizenship Act* should be exercised to refuse the application, as there were no cogent reasons presented to deviate from the established policy. The Tribunal affirmed the decision under review.