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

This matter concerned an application for Australian citizenship by conferral by a citizen of the People's Republic of China. The applicant and his son, MX, were granted citizenship on 14 November 2019. However, the applicant and MX departed Australia on 28 November 2019 and had not returned. Subsequently, a delegate of the Minister considered cancelling the approval of citizenship, citing concerns that the applicant was not likely to reside in Australia or maintain a close and continuing association with the country. The applicant sought review of this cancellation decision before the Tribunal.

The Tribunal was required to determine whether the applicant was likely to reside, or continue to reside, in Australia or maintain a close and continuing association with Australia at the time of the decision, pursuant to section 25(2)(b)(ii) of the *Australian Citizenship Act 2007* (Cth). This assessment was crucial for determining if the applicant continued to satisfy the eligibility criteria for the grant of citizenship by conferral.

The Tribunal affirmed the delegate's decision to cancel the applicant's citizenship approval. It found that the applicant's conduct prior to leaving Australia, including placing his Melbourne property up for sale and deregistering a company, was not indicative of a continuing intention to reside in Australia. Furthermore, the Tribunal was unpersuaded by the applicant's evidence regarding his plans to return, which it described as opaque, aspirational, speculative, and inconsistent. This included a lack of independent corroboration for claims about his wife's health, travel impediments, financial capacity, and arrangements for his son's schooling. The Tribunal concluded that the applicant, and by extension MX, no longer satisfied the eligibility criteria for Australian citizenship.