Saleque and Minister for Immigration and Border Protection (Citizenship)

The matter before the Tribunal concerned an application by Mr Saleque for an extension of time to make an application for review of a decision by the Minister for Immigration and Border Protection. The Minister had refused Mr Saleque's application for Australian citizenship.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Mr Saleque an extension of time to seek a review of the Minister's decision. This required the Tribunal to consider the applicant's explanation for the delay, whether the applicant had "rested on his rights," and any prejudice to the respondent or the general public, as well as the merits of the substantive matter.

The Tribunal noted that the substantive application for citizenship turned on Mr Saleque meeting the general residence requirements of the Act, specifically being present in Australia for four years immediately before the application, including 12 months as a permanent resident. The Minister's delegate had found that Mr Saleque had only been physically present in Australia for 36 days as a permanent resident in the four years prior to his application, which did not satisfy the statutory requirements. The Tribunal also considered the Minister's discretion under s 22(9) of the Act to treat periods of absence as periods of presence as a permanent resident if the applicant had a close and continuing association with Australia. However, given the minimal physical presence, the Tribunal was not persuaded that Mr Saleque could demonstrate such an association.

Ultimately, the Tribunal was not satisfied that it was reasonable in the circumstances to grant the extension of time. Accordingly, the application for an extension of time was refused.