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

This matter concerned an application for Australian citizenship by conferral made by the Applicant, a citizen of the Slovak Republic. The Applicant's application was refused by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs on the basis that he did not satisfy the residency requirement. The Applicant sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Applicant met the general residence requirement under section 22(1)(a) of the *Australian Citizenship Act 2007* (Cth), which mandates presence in Australia for the four years immediately preceding the date of application. A secondary issue was whether the Applicant could benefit from ministerial discretion under section 22(11) of the Act or any special residence requirements.

The Tribunal found that the Applicant was not present in Australia for the four-year period immediately before his application on 12 June 2022, having been offshore for a significant portion of that time. Furthermore, the Tribunal determined that the ministerial discretion under section 22(11) was not applicable to the Applicant's case as it related to a different subsection of the Act and the Applicant did not meet the specific criteria outlined therein, particularly concerning his visa status during periods of absence. The Tribunal was also not satisfied that the Applicant met any of the special residence requirements.

Consequently, the Tribunal affirmed the delegate's decision to refuse the Applicant's application for Australian citizenship by conferral. The Tribunal noted that the Applicant might be eligible to submit a subsequent application, as the effluxion of time may now allow him to meet the general residence requirement.