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

The Administrative Appeals Tribunal considered an application for review of a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse the applicant's application for Australian citizenship by conferral. The refusal was based on the applicant failing to meet the general residence requirements under section 21(2)(c) of the *Citizenship Act*. The delegate had also determined that ministerial discretion could not be exercised to treat the applicant as having been present in Australia during periods of absence, as the delegate was not satisfied the applicant maintained a close and continuing connection with Australia.

The primary legal issue before the Tribunal was whether the applicant had a close and continuing association with Australia during her periods of absence overseas, which would allow for the exercise of ministerial discretion to satisfy the general residence requirements for citizenship by conferral. This involved assessing various factors, including the applicant's migration to and establishment of a home in Australia, her relationship with an Australian citizen spouse, and the presence of extended family in Australia.

The Tribunal reasoned that the applicant had indeed migrated to Australia at a young age, completed her formative years, education, and established friendships and employment in Australia before moving overseas with her Australian citizen husband. The Tribunal also noted the applicant's marriage to an Australian citizen, the birth of their Australian citizen child, and the presence of her extended family, including her mother, brother, and sister, as Australian citizens residing in Australia. These factors weighed in favour of the applicant having a close and continuing association with Australia.

Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the delegate for reconsideration. The Tribunal found that the delegate had erred in not being satisfied that the applicant had a close and continuing association with Australia, and therefore, the matter was to be re-assessed with a view to exercising the ministerial discretion.