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

This matter concerned applications by Mrs Rezaei and Mr Zarandi for review of decisions by a delegate of the Minister to refuse their applications for conferral of Australian citizenship. The delegate had refused the applications under section 24(1) of the *Australian Citizenship Act 2007* (Cth) on the basis that the applicants did not meet the residence requirements stipulated in section 21(2)(b) of the Act. The Administrative Appeals Tribunal was required to determine whether it had jurisdiction to review these decisions.

The primary legal issue before the Tribunal was whether Mrs Rezaei and Mr Zarandi were entitled to apply for a review of the delegate's decision. This entitlement was contingent on them being permanent residents, as stipulated by section 52(2) of the *Australian Citizenship Act 2007* (Cth), which restricts review rights for applicants over 18 who are not stateless, unless they are permanent residents. The Tribunal therefore had to ascertain whether the applicants held permanent visas at the relevant times.

The Tribunal reasoned that the definition of a "permanent visa" under the *Australian Citizenship Act 2007* (Cth) referred to the definition in section 30 of the *Migration Act 1958* (Cth). Section 30 distinguishes between permanent visas, which allow indefinite stay, and temporary visas, which are for a specified period or until a specified event or status ceases. The Visa Grant Notices issued to Mrs Rezaei and Mr Zarandi on 6 January 2017 indicated their visas were for a fixed period, expiring on 6 January 2022, and thus were not permanent visas. While Visa Entitlement Verification Online (VEVO) records showed an "indefinite" period of stay, this conflicted with the grant notices and was not considered probative material. Consequently, the Tribunal found that the available materials did not establish that Mrs Rezaei or Mr Zarandi were permanent residents for the purposes of section 21(2) of the *Australian Citizenship Act 2007* (Cth).

As the Tribunal lacked jurisdiction to review the decisions due to the applicants not being permanent residents, the applications were dismissed under section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth). The Tribunal noted that issues concerning extensions of time were rendered unnecessary by this jurisdictional bar.