Syrett and Minister for Immigration and Border Protection (Citizenship)

The applicant, Syrett, sought judicial review of a decision by the Minister for Immigration and Border Protection to refuse his application for Australian citizenship. The core of the dispute concerned whether the applicant met the residency requirements for citizenship, specifically whether he had resided in Australia for four years prior to his application and, for the 12 months immediately preceding it, as a permanent resident. The applicant contended that his work on a liquefied natural gas project, which required him to travel in and out of Australia, should be considered in light of special residency provisions. The matter was heard by Theodore Tavoularis SM.

The primary legal issues before the Court were whether the applicant satisfied the general residency requirements for citizenship, and if not, whether he qualified for the special residency requirements under section 22B of the *Australian Citizenship Act 1948* (Cth). This involved determining whether the applicant's work activities constituted engagement in work on a "resources installation" or "sea installation" as defined by the Act, which would allow him to benefit from the more lenient residency provisions.

The Court found that the applicant was not engaged in work on a resources installation or sea installation. Consequently, the Court concluded that the applicant could not avail himself of the special residency requirements stipulated in section 22B of the Act. As the applicant did not meet these special provisions, and by implication did not meet the general residency requirements, the Court affirmed the Minister's decision to refuse the citizenship application.