XJNM and Minister for Immigration, Citizenship, and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral made on behalf of XJNM, a minor born in Singapore. The Minister's delegate had exercised the discretionary power under s 24(2) of the *Australian Citizenship Act 2007* (Cth) to refuse the application, finding that the applicant did not meet any of the relevant departmental policy guidelines for children aged 15 years and under. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the delegate's decision to refuse the application for citizenship by conferral was correct. This required the Tribunal to consider the eligibility requirements for citizenship by conferral for a person under 18, as set out in s 21(5) of the Act, and to determine whether the discretionary power to refuse the application should have been exercised, having regard to the policy guidelines and the specific circumstances of the applicant.

The Tribunal affirmed the delegate's decision. It found that the submissions made on behalf of the applicant regarding potential hardship or disadvantage if citizenship were not granted were largely speculative and unsubstantiated. Specifically, claims about the applicant being forced to undertake Singaporean national service irrespective of his medical condition and being ineligible for exemptions were considered uninformed, particularly given the applicant's age. The Tribunal also noted that the applicant's parents did not meet the general residence requirement for citizenship, but would likely do so in the future, at which point the applicant could be included in their applications. The Tribunal concluded that there was no evidence that the applicant could not access necessary medical care in either Singapore or Australia, nor that the Australian education system offered a demonstrably less stressful environment for a child of his age.