Recent AAT Cases – Citizenship

Broide and Minister for Immigration, Citizenship, and Multicultural Affairs (Citizenship) [2024] AATA 387 (16 February 2024); Dr N A Manetta, Senior Member

CITIZENSHIP – application for citizenship refused – whether the applicant satisfies the residence criteria under section 22B(1)(c) of the Australian Citizenship Act 2007 (Cth) – statutory interpretation – when citizenship application is ‘made’ – whether an application is ‘made’ on the day it is posted or the day it is received in the post – different outcome depending on method of lodgement somewhat illogical and arbitrary – dicta in Wang not applied – decision in Somai followed – decision under review set aside Chen and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship) [2024] AATA 308 (29 February 2024); A Younes, Deputy President

CITIZENSHIP – Approval of Australian citizenship by conferral – Whether to cancel the approval of citizenship under subsection 25(2) of the Australian Citizenship Act 2007 (Cth) – Where Applicant has an Australian business with cousin – Whether Applicant is likely to reside in Australia or maintain a close and continuing association with Australia – Decision under review affirmed Leo and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship) [2024] AATA 357 (7 March 2024); J C Kelly, Senior Member

CITIZENSHIP – application for citizenship by conferral – citizenship application refused – whether the Applicant is a person of good character – meaning of good character – enduring moral qualities – criminal history – migration history – Tribunal not satisfied as to good character of Applicant – reviewable decision affirmed

Written by Ross Ahmadzai

14 Mar, 2024

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