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

The applicant, YYJX, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning her application for Australian citizenship. The dispute arose because YYJX had entered Australia without a valid visa due to an apparent administrative oversight regarding her permanent visa's expiry. She argued that refusal of citizenship would cause significant hardship, preventing her from representing Australia in competitive sports, a requirement for which necessitates Australian citizenship. The matter was before the Federal Court of Australia.

The court was required to determine whether YYJX met the eligibility criteria for Australian citizenship under subsection 21(5) of the *Australian Citizenship Act 2007* (Cth), and if so, whether the Minister should exercise the residual discretion under subsection 24(2) of the Act. Central to this was the applicant's immigration status from August 2016 onwards, specifically whether she was an "unlawful non-citizen" and the implications of her border visa and subsequent subclass 155 visa applications. The court also considered the applicant's claim of significant hardship and disadvantage, particularly in relation to her sporting opportunities.

The court noted that YYJX, a citizen of the United Kingdom, entered Australia with her family on permanent visas when she was five years old. Her family returned to the UK in June 2016, unaware that their permanent visas had ceased. Upon re-entry to Australia on 4 August 2016, both YYJX and her mother were granted border visas. While her mother promptly applied for and was granted a subclass 155 visa on 17 August 2016, no such application was made for YYJX at that time. Consequently, YYJX's border visa ceased on 1 September 2016, rendering her an "unlawful non-citizen" until she later applied for and was granted a subclass 155 visa, which then enabled her to apply for citizenship. The court accepted, in the absence of documentary evidence, that national sporting team regulations required members to be Australian citizens, supporting YYJX's claim of hardship.