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

This matter concerned an application for review of a delegate of the Minister's decision to cancel Mr Wang's approval for the grant of citizenship by conferral. Mr Wang had not made his pledge of commitment within 12 months of his approval, and the delegate cancelled his approval on the basis that the delegate was not satisfied Mr Wang was likely to reside in Australia or maintain a close and continuing relationship with Australia. Mr Wang argued he was prevented from returning to Australia due to border closures and did not receive notification that his approval was being considered for cancellation, nor advice of the cancellation until his return.

The Administrative Appeals Tribunal was required to determine whether it was reasonable in all the circumstances to extend the time for Mr Wang to lodge his application for review, and whether Mr Wang had an arguable case on the substantive merits of the cancellation decision. The Tribunal considered the impact of the COVID-19 pandemic and Australian border closures on Mr Wang's ability to return to Australia and make his pledge of commitment.

The Tribunal found that Mr Wang had an arguable case regarding the substantive review and a fair case for the lateness of his application. While acknowledging that Mr Wang should have made alternative arrangements for contact if he knew his email would be blocked, the Tribunal accepted that unusual circumstances, specifically the supervening event of the pandemic, made it practically impossible for Mr Wang to receive correspondence. The Tribunal noted that Mr Wang departed Australia on 19 March 2020, the day before Australian borders were closed to non-citizens and non-residents, and that while exemptions existed for permanent residents and their immediate family, the ability to attend citizenship ceremonies was impacted by public health measures.

The Tribunal was satisfied that the pandemic affected Mr Wang's ability to return to Australia and make his pledge of commitment. Consequently, the Tribunal extended the time for Mr Wang to lodge his application for review.