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

This matter concerned an application for Australian citizenship, brought before Emeritus Professor P A Fairall, Senior Member. The dispute centred on whether the applicant met the requirement of being "likely to reside in Australia" or to "maintain a close and continuing association with Australia" if their application were approved. The applicant had demonstrated attachment to Australia, and the core question for the Tribunal was to determine the objective facts supporting the likelihood of future residence or association.

The legal issues before the Tribunal were to ascertain whether the applicant was likely to reside, or continue to reside, in Australia, or alternatively, to maintain a close and continuing association with Australia, should their citizenship application be successful. This required an assessment of the applicant's future plans and intentions, considering various factors that might indicate such likelihood. The Tribunal was guided by the Citizenship Procedural Instructions (CPI 11), which clarified that only one of these two prongs needed to be met.

The Tribunal's reasoning focused on the ordinary meaning of the terms "likely" and "reside," interpreting "likely" to mean probable rather than merely possible, and "reside" as having one's home in Australia. It also considered the alternative limb of maintaining a "close and continuing association" with Australia, noting this referred to an association with the country itself, not solely with individuals within it. The Tribunal examined factors such as the applicant's residential arrangements, financial commitments, employment contracts, and family schooling arrangements, as well as the nature and motivation for any absences from Australia. Ultimately, the Tribunal found that the applicant had demonstrated sufficient attachment and that it was more probable than not that they would reside in Australia. Consequently, the decision was set aside and remitted to the Respondent.