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

This matter concerned an application for Australian citizenship by conferral by Liang Wang, a minor. The applicant sought review of a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse her application. The applicant met the eligibility requirements for citizenship by conferral under subsection 21(5) of the *Australian Citizenship Act 2007* (Cth). However, the delegate was not satisfied that the applicant and her family unit intended to reside in Australia or maintain a close and continuing relationship with Australia, leading to the refusal.

The primary legal issue before the Tribunal was whether the discretion afforded by subsection 24(2) of the *Australian Citizenship Act 2007* (Cth) should be exercised to refuse the applicant’s citizenship application, despite her eligibility. This required the Tribunal to consider whether the applicant and her family were likely to reside in Australia or maintain a close and continuing association with Australia, and if so, whether granting citizenship would disadvantage the applicant or be contrary to her best interests. The Tribunal was also required to consider relevant government policy, including the Australian Citizenship Policy Statement and Citizenship Procedural Instructions.

The Tribunal considered the applicant's relocation to China in January 2017 with her parents, Ms Zhang and Mr Wang. While Ms Zhang cited employment uncertainty and her husband's health needs as reasons for the move, the Tribunal found no specific evidence that Ms Zhang was facing termination of employment or had sought alternative employment in Australia. Similarly, while Mr Wang's health condition had improved and was manageable, the Tribunal noted a lack of evidence that he could not have sought appropriate treatment in Australia. The Tribunal also found no evidence that Ms Zhang or Mr Wang had taken steps to secure employment in Australia in preparation for their return, and Ms Zhang's indefinite contract in China weighed against the family's return. Although the parents had a plan for the applicant's education in Australia, they had not yet enrolled her in any schools.

Ultimately, the Tribunal affirmed the delegate's decision to refuse the application. The Tribunal concluded that there was insufficient evidence to satisfy the Minister that the applicant and her family intended to reside in Australia or maintain a close and continuing association with the country. Consequently, the discretion under subsection 24(2) of the *Australian Citizenship Act 2007* (Cth) was exercised to refuse the grant of citizenship.