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

This matter concerns two applications heard together by the Administrative Appeals Tribunal. The first applicant, Ms Soung Vo, sought review of a decision affirming the refusal of her application for Australian citizenship by conferral. The second applicant, Ms Nhi Thao Pham, also sought review of a decision concerning her application for Australian citizenship by conferral.

The primary legal issues before the Tribunal were whether Ms Vo met the residency requirements for citizenship by conferral and, if not, whether the discretion under subsection 22(9) of the *Australian Citizenship Act 2007* (Cth) to waive these requirements should be exercised in her favour. For Ms Pham, the Tribunal considered whether she satisfied the requirements of subsection 21(5) of the Act, given she was a minor at the time of her application, and whether any discretion under subsection 24(2) of the Act should be exercised adversely to her.

In relation to Ms Vo, the Tribunal found that while Parliament had provided ameliorative provisions in section 22(9) to allow for discretion in residency requirements, the conditions precedent for enlivening this discretion had not been met. Despite the Tribunal's sympathy for her situation, it was bound by the Act and therefore affirmed the decision under review. For Ms Pham, the Tribunal noted that the Respondent accepted she met the requirements of subsection 21(5) of the Act, including being a permanent resident at the time of application and at the time of the Minister's decision. The Tribunal indicated it would not import external tests into the exercise of its discretion under subsection 24(2).

The Tribunal affirmed the decision under review in respect of Ms Soung Vo. The decision concerning Ms Nhi Thao Pham was set aside and remitted for further consideration.