Sharma and Minister for Home Affairs (Citizenship)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse Professor Piyush Sharma's application for Australian citizenship by conferral. The application was refused on the grounds that the Applicant did not meet the general residence requirements stipulated in section 22 of the *Australian Citizenship Act 2007* (Cth).

The primary legal issue before the court was whether the Applicant satisfied the general residence requirement under section 22 of the Act. This requirement mandates that an applicant must have been present in Australia for the four years immediately preceding their application, not present as an unlawful non-citizen during that period, and present as a permanent resident for the twelve months immediately before the application. The court also considered the provisions for overseas absences, which allow for up to 12 months of absence from Australia during the preceding four years and up to 90 days of absence during the preceding twelve months, provided the applicant remained a permanent resident during those absences.

The court affirmed the delegate's decision, finding that the Applicant did not meet the general residence requirements. The Applicant, who arrived in Australia in January 2014 and applied for citizenship on 31 January 2018, held an Employer Nomination Scheme visa since 6 January 2015. The refusal was based on the Applicant's failure to satisfy the continuous presence and permanent residency periods as defined by section 22 of the Act, including the limitations on overseas absences.