Zimelis and Minister for Home Affairs (Citizenship)

This matter concerned an application for citizenship by conferral by Mr Zimelis against the Minister for Home Affairs. The dispute centred on whether Mr Zimelis met the residence requirements and whether the Minister's discretion to grant citizenship should be exercised in his favour. The case was heard by Deputy Rayment QC P.

The court was required to determine whether Mr Zimelis had maintained a close and continuing association with Australia during the four years preceding his application for citizenship, specifically from 27 March 2013 to 27 March 2017. Additionally, the court had to consider whether the Minister's discretion under section 22(9) of the *Australian Citizenship Act 2007* should be exercised in Mr Zimelis's favour, and whether he satisfied the criteria under sections 21(2)(c) and (g) of the Act.

Deputy Rayment QC P reasoned that Mr Zimelis, despite not meeting the strict residency requirements due to his employment abroad, had demonstrated a strong intention to reside in Australia permanently. This was evidenced by his marriage to an Australian citizen, the birth of their son in Australia, his repeated visits, his active search for employment in Australia, and the shipping of his belongings to Australia with the intent to settle. The court found that his circumstances, particularly his spousal and parental ties to Australian citizens and his positive relationships within the community, supported the exercise of ministerial discretion in his favour. The court concluded that admitting Mr Zimelis to citizenship would accord with the public interest.

The reviewable decision was set aside and remitted to the respondent with a direction that Mr Zimelis satisfied the factual and discretionary criteria under section 22(9) of the Act, as well as the requirements of sections 21(2)(c) and (g).