Samra and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral, where the applicant's approval for citizenship was subsequently cancelled by the Minister for Immigration, Citizenship and Multicultural Affairs. The applicant sought review of this cancellation decision.

The core legal issues before the Tribunal were whether the applicant had failed to make the pledge of commitment within the prescribed 12-month period, and if so, whether the Minister was satisfied that the applicant was not likely to reside in Australia or maintain a close and continuing association with Australia at the time of the cancellation decision. The Tribunal was required to determine if the Minister had properly exercised their discretion under section 25 of the *Australian Citizenship Act 2007* (Cth) to cancel the applicant's citizenship approval.

The Tribunal found that the applicant had indeed failed to make the pledge of commitment within 12 months of receiving notice of approval, thereby enlivening the Minister's power to cancel under subsection 25(3). However, the Tribunal also considered the Minister's alternative ground for cancellation under subsection 25(2), which related to the applicant no longer meeting the eligibility criteria by not being likely to reside in Australia or maintain a close and continuing association with it. The Tribunal concluded that the Minister had erred in cancelling the approval on this latter ground, as the evidence indicated the applicant did intend to reside in Australia and maintain a close and continuing relationship with it.

Consequently, the Tribunal set aside the Minister's decision to cancel the applicant's citizenship approval and remitted the matter back to the Minister for reconsideration, with a direction that the applicant satisfied the intention to reside requirement.