Vizman and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral made on behalf of Atai Vizman, a child aged four years old, born in Australia and holding permanent residency. The applicant's mother, who is not an Australian citizen, resided with Atai in Israel, though Atai also spent considerable time with his father, an Australian citizen, both within and outside Australia. The Department had denied citizenship, finding that Atai was not "living with a responsible adult who is an Australian citizen" and that conferring citizenship was not in his best interests. The Administrative Appeals Tribunal was tasked with reviewing this decision.

The Tribunal was required to determine whether Atai satisfied the requirement of "living with a responsible adult who is an Australian citizen" for the purposes of the Australian Citizenship Instructions. Furthermore, the Tribunal had to consider whether conferring Australian citizenship upon Atai was in his best interests.

Deputy President Christopher Kendall found that in the specific circumstances of this case, it was in Atai's best interests that his Australian citizenship be approved. The Tribunal concluded that Atai Vizman's application for Australian citizenship by conferral should be approved. Consequently, the decision under review was set aside and remitted to the Respondent with a direction that citizenship be approved.