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

The Administrative Appeals Tribunal considered the application of Mr. Ullah (the Applicant) for Australian citizenship by conferral, following a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to refuse his application. The core of the dispute concerned whether the Applicant met the residence requirement for citizenship by conferral.

The Tribunal was required to determine whether the Applicant had demonstrated a likelihood of residing in Australia, as stipulated by section 21(1)(g) of the *Australian Citizenship Act 1948* (Cth). This involved assessing whether the Applicant's intention to reside in Australia needed to be immediate or imminent, and whether mere expressions of intent were sufficient to satisfy the requirement, or if a more substantial demonstration of a close and continuing association with Australia was necessary, particularly in light of the Applicant's past absences from the country.

The Tribunal reasoned that while the Applicant's past absences and stated intentions were relevant, the ultimate determination of whether the residence requirement was met rested on the Applicant's ability to overcome the obstacle presented by section 21(1)(g). The Tribunal indicated that this was not an impossible task for the Applicant, suggesting that further evidence or actions could potentially satisfy the legislative requirement. Ultimately, the Tribunal affirmed the Minister's decision to refuse the application.