SLHH and Minister for Home Affairs (Citizenship)

The Administrative Appeals Tribunal considered an application for citizenship by SLHH, who was under 18 years of age, and the Minister for Home Affairs. The core of the dispute concerned whether SLHH met the eligibility requirements for citizenship under the *Citizenship Act 2007* (Cth).

The Tribunal was required to determine whether SLHH was a permanent resident as stipulated by section 21(5) of the *Citizenship Act 2007*. A further issue was whether the Tribunal had a discretion to consider the best interests of the child when assessing eligibility under this provision.

The Tribunal reasoned that section 24(1A) of the *Citizenship Act 2007* mandated refusal of the application if the applicant did not meet the requirements of section 21(5). As SLHH did not satisfy the permanent residency requirement, the Tribunal was obliged to refuse the application. The Tribunal affirmed the decision under review.