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

This matter concerned applications for Australian citizenship by conferral made on behalf of minor siblings, WXNR and CQGG. A delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs exercised the discretion under section 24(2) of the *Australian Citizenship Act 2007* (Cth) to refuse the applications. The delegate's decision was based on the applicants not meeting relevant policy guidelines for children of their age, and the delegate concluded that this refusal would not be contrary to the applicants' best interests. The applicants sought review of these decisions in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the delegate had lawfully exercised the discretion under section 24(2) of the Act, and whether the refusal to grant citizenship was inconsistent with the relevant policy guidelines or resulted in an injustice. Specifically, the Tribunal considered the interplay between the Minister's executive policy and the statutory discretion conferred by the Act, and whether the policy unduly fettered the decision-maker's ability to consider the unique circumstances of each case. The Tribunal also examined whether the applicants' age and potential future eligibility for alternative pathways, such as inclusion in a responsible parent's future application, were relevant considerations.

The Tribunal affirmed the delegate's decision, finding no injustice or perverse result from the consistent application of the policy. The Tribunal noted that while policy guidelines are lawful if they guide rather than control decision-making, and must allow for consideration of individual circumstances, the applicants had not demonstrated that the policy was applied inflexibly or that their specific circumstances warranted an exception. The Tribunal referred to established principles that executive policy must be consistent with the statute, allowing for relevant considerations and not precluding arguments against the policy. The Tribunal found that the policy in question did not preclude consideration of the applicants' specific circumstances and that there were alternative pathways available to them.

The Tribunal affirmed the delegate's decision to refuse the applications for Australian citizenship by conferral.