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

Ms Lucy Watkins applied to the Administrative Appeals Tribunal (AAT) for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse her application for Australian citizenship by conferral. Ms Watkins, a citizen of the United Kingdom, sought to rely on the discretion provided by subsection 22(9) of the *Citizenship Act 1948* (Cth) to meet the residency requirements for citizenship, arguing she maintained a close and continuing association with Australia despite lengthy periods of absence. The Minister contended that Ms Watkins had not demonstrated such an association during the relevant four-year period preceding her application.

The AAT was required to determine whether Ms Watkins had established a close and continuing association with Australia during the four-year period prior to her citizenship application, as required by subsection 22(9)(d) of the *Citizenship Act 1948* (Cth), to warrant the exercise of discretion to treat her as having been present in Australia as a permanent resident during periods of absence. This involved assessing whether her circumstances, including her marriage to an Australian citizen and her professional and personal ties, satisfied the legislative criteria for a close and continuing association.

The Tribunal reasoned that while Ms Watkins had a desire to reside in Australia and had established some connections, her significant absences from the country, particularly the period of over three years and nine months immediately preceding her application, weighed heavily against finding a close and continuing association. The Tribunal considered the factors outlined in the Citizenship Instructions, which guide decision-makers in assessing an applicant's likelihood to reside in Australia or maintain a close and continuing association. Despite acknowledging Ms Watkins' personal circumstances, including her marriage and her stated aspirations, the Tribunal found that the evidence did not demonstrate the requisite close and continuing association with Australia during the relevant period.

Consequently, the Tribunal affirmed the Minister's decision to refuse Ms Watkins' application for citizenship by conferral. The Tribunal noted that its decision did not diminish Ms Watkins' connection to Australia or her desire to reside there in the future, and encouraged her to reapply when she met the relevant legislative requirements.