WWVK and Minister for Home Affairs (Citizenship)

The Administrative Appeals Tribunal considered the eligibility of WWVK for Australian citizenship under the *Australian Citizenship Act 2007* (Cth). The dispute concerned whether WWVK met the general residence requirements stipulated in section 22(1) of the Act, and if not, whether the discretion afforded by section 22(9) should be exercised in their favour.

The Tribunal was required to determine two primary legal issues. Firstly, whether WWVK satisfied the ordinary residence requirement under section 22(1) of the Act, which typically mandates a period of ordinary residence in Australia immediately preceding the application. Secondly, if the ordinary residence requirement was not met, the Tribunal had to consider whether it was appropriate to exercise the discretion under section 22(9) to treat WWVK as having met the residence requirements.

In its reasoning, the Tribunal found that WWVK's home during the relevant period was Australia, and that Australia was the single country where WWVK spent the most time. The Tribunal also noted WWVK's long association with Australia and their intention to continue living in Australia, concluding that these factors established a home in Australia. Consequently, the Tribunal determined that the discretion under section 22(9) should be exercised in WWVK's favour. The Tribunal set aside the reviewable decision and remitted the matter with a direction that WWVK be taken to have met the residence requirements for citizenship.