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

The Administrative Appeals Tribunal (AAT) considered an application for citizenship by conferral made by XYQR. The dispute concerned whether XYQR satisfied the general residence requirement under section 22 of the *Australian Citizenship Act 2007* (Cth), or alternatively, the special residence requirement under section 22A through engagement in an activity of benefit to Australia. The AAT was asked to determine if XYQR's business activities fell within a category of activities specified by legislative instrument IMMI 13/056.

The primary legal issue was whether the applicant met the criteria for citizenship by conferral, specifically the residence requirements. This involved an interpretation of sections 22 and 22A of the *Australian Citizenship Act 2007* (Cth) and the scope of legislative instrument IMMI 13/056. A secondary, but ultimately decisive, issue was the AAT's power to set aside a legislative instrument.

The Tribunal reasoned that it lacked the power to set aside a legislative instrument, as this power is reserved to a Chapter III court. While the AAT can consider the validity of a legislative instrument, it cannot invalidate it. This distinction was crucial, as the applicant's case relied on their business activities falling within a category specified by the legislative instrument. As the Tribunal could not set aside the instrument, it could not find that the applicant's activities met the special residence requirement as defined by that instrument.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not satisfy the relevant residence requirements for citizenship by conferral.