Vasiunina v Minister for Immigration and Border Protection

This matter concerned an application for citizenship by conferral made by Ms Valeriia Vasiunina, which had been refused by the Minister for Immigration and Border Protection. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Minister's decision.

The primary legal issue before the Tribunal was whether Ms Vasiunina maintained a "close and continuing association with Australia" as required by the relevant policy for citizenship by conferral. This involved assessing the applicant's circumstances broadly to determine the ultimate significance of her connection to Australia.

The Tribunal considered evidence from several witnesses, including former Deputy Prime Minister Hon Timothy Fischer AC, Ms Vasiunina's partner Mr Philippe Baudry, and Ms Vasiunina herself. Mr Fischer testified to the couple's intention to reside permanently in Australia and their visits to Australia. Mr Baudry, a shareholder in a mining software company, stated that he owned a property in Australia and intended to return to live there with his family, citing his nine years of living overseas as a significant factor. Ms Vasiunina detailed her efforts to have her medical degree recognised in Australia and her desire for her son to gain Australian citizenship. While acknowledging that she regarded Australia as "home," she also stated she would reside overseas with her partner if his circumstances required it. The Tribunal noted the existence of a joint bank account and health insurance, and gave little emphasis to the fact that the Australian property was not jointly owned.

The Tribunal found that the evidence presented demonstrated a close and continuing association with Australia. Consequently, the decision to refuse Ms Vasiunina's application for Australian citizenship was set aside and remitted to the Minister for reconsideration in accordance with the Tribunal's reasons.