Tsang and Minister for Immigration and Border Protection (Citizenship)

The Administrative Appeals Tribunal (AAT) considered the application for Australian citizenship by conferral made by Mr. Tsang. The dispute arose when a delegate of the Minister for Immigration and Border Protection refused Mr. Tsang's application, a decision he sought to have reviewed by the AAT.

The central legal issue before the Tribunal was whether Mr. Tsang satisfied the requirements of section 21(2)(g) of the *Australian Citizenship Act 2007* (Cth). This provision requires an applicant to demonstrate that they are likely to reside, or to continue to reside, in Australia, or to maintain a close and continuing association with Australia if their application were approved.

The Tribunal acknowledged that Mr. Tsang's absence from Australia between 2016 and 2018 was due to mental health issues and did not view this period adversely. However, the Tribunal found that Mr. Tsang's continued treatment in Hong Kong, rather than seeking medical support in Australia, indicated strong ties to his homeland to the exclusion of Australia. Furthermore, the Tribunal noted that Mr. Tsang had been predominantly funded by his family during his residence in Australia and had never filed an income tax return, suggesting a lack of substantial engagement with the Australian community and economy. While Mr. Tsang had some ties to a church in Australia, the Tribunal found the nature and extent of this involvement unclear and did not give it significant weight.

Consequently, the Tribunal affirmed the delegate's decision to refuse the application for Australian citizenship. The Tribunal noted that Mr. Tsang might be eligible to apply again in the future, but he would need to provide further evidence to satisfy the requirements of section 21(2)(g) of the Act.