Seyyed Ahamed and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by Mr Seyyed Ahamed. The Minister's delegate had refused the application, finding that Mr Ahamed did not satisfy the residence requirements stipulated in the *Australian Citizenship Act 2007* (Cth). Mr Ahamed sought review of this decision before the Tribunal.

The primary legal issues before the Tribunal were whether Mr Ahamed met the general or special residence requirements for Australian citizenship, and if not, whether any discretion existed to grant citizenship in his circumstances. The Tribunal was required to determine if Mr Ahamed's absences from Australia during the relevant periods disqualified him from meeting the statutory residence criteria.

The Tribunal reasoned that its role was to apply the law as it stood, without any wider powers than the original decision-maker. It found that Mr Ahamed's absences from Australia, totalling 570 days in the four years preceding his application and 164 days in the 12 months preceding his application, exceeded the permissible limits under sections 22(1A) and 22(1B) of the Act. Consequently, he could not satisfy the general residence requirement. The Tribunal also determined that Mr Ahamed did not meet any of the special residence requirements. Crucially, the Tribunal held that section 24(1A) of the Act mandates refusal if the residence requirements are not met, and there is no discretion to grant citizenship in such circumstances.

Accordingly, the Tribunal affirmed the decision of the Minister's delegate to refuse Mr Ahamed's application for Australian citizenship. The Tribunal noted that Mr Ahamed might re-apply in the future.