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

This matter concerned an application for Australian citizenship by conferral made by an applicant who was under 18 years of age at the time of application. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused the application, not being satisfied that the applicant intended to reside in Australia or maintain a close and continuing association with it. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant had demonstrated an intention to reside in Australia or maintain a close and continuing association with Australia, and consequently, whether the Minister's discretion under subsection 24(2) of the *Australian Citizenship Act 2007* (Cth) to refuse citizenship, despite the applicant otherwise being eligible, had been properly exercised. This involved considering the weight to be given to the applicant's physical presence in Australia versus the qualitative aspects of their relationship with the country, as well as the application of relevant Citizenship Procedural Instructions (CPIs), particularly CPI 4 concerning applicants under 18 and CPI 11 regarding the assessment of intention to reside or maintain a close and continuing association.

The Tribunal noted that while physical presence in Australia had been a central factor in some previous decisions, other decisions and Federal Court authority had placed greater emphasis on the qualitative aspects of an applicant's relationship with Australia. The applicant's own statement highlighted a strong sense of Australian identity and integration into Australian culture, despite limited time spent onshore. The Tribunal considered that the delegate's decision relied heavily on the limited time spent in Australia, without adequately considering the qualitative factors and the applicant's expressed identity. The Tribunal also noted that where an application is considered for refusal under subsection 24(2) for an applicant under 18, a best interests of the child assessment is required, which had not been undertaken.

The Tribunal set aside the delegate's decision and remitted the matter to the Department for reconsideration, with a direction that a best interests of the child assessment be undertaken and that the qualitative aspects of the applicant's connection to Australia be given due consideration.