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

This matter concerned an application for citizenship by conferral under section 21 of the *Australian Citizenship Act 2007* (Cth) by Mrs Sharma. The Minister for Immigration, Citizenship and Multicultural Affairs sought to cancel this approval under subsection 25(2) of the Act. The Administrative Appeals Tribunal, represented by Dr L Bygrave, Member, was required to determine whether the discretion to cancel the approval should be exercised.

The central legal issue before the Tribunal was whether Mrs Sharma was likely to reside in Australia or maintain a close and continuing association with Australia, as required by subparagraph 25(2)(b)(ii) of the Act. This involved assessing Mrs Sharma's past movements, current circumstances, and future intentions in light of the criteria outlined in CPI 11, which considers factors such as living arrangements, family ties, community participation, and financial commitments.

The Tribunal found that Mrs Sharma did not currently reside in Australia, having lived in India with her husband and daughter since January 2020. Her extensive travel history, including periods of over six years outside Australia since being granted permanent residency, weighed against a likelihood of future residence. The Tribunal noted that Mrs Sharma had no immediate or extended family in Australia, her immediate family resided in India, and she and her husband had no property or significant assets in Australia. While acknowledging the impact of the COVID-19 pandemic and family responsibilities, the Tribunal found no evidence of concrete plans to return to Australia in the 14 months since her sister's marriage, despite her sister's marriage having concluded. Consequently, the Tribunal was satisfied that Mrs Sharma no longer met the eligibility criteria under subparagraph 25(2)(b)(ii) and exercised the discretion to cancel the approval of her citizenship. The decision under review was affirmed.