1. The Applicant contends that she is likely to reside in Australia and maintain a close and continuing association. The Respondent argues that the available information does not support the Applicant's contentions.

APPLICANTS STATEMENT OF FACTS ISSUES AND CONTENTIONS

1. The Applicant's solicitor provided a statement of facts, issues and contentions with respect to the Applicant's review application dated 5 August 2025, along with an amended statement of facts, issues and contentions dated 29 October 2025 which have been duly considered by the Tribunal.
2. The Applicant's representative makes a number of contentions.
3. The Applicant departed Australia on 30 December 2022 and returned on 15 September 2023. The Applicant's representative noted that she departed Australia on 15 September 2023 (her date of arrival) this is incorrect, she in fact departed Australia on 24 September 2023 and has not returned to Australia since that time.
4. The Applicant claims that she and her husband's relocation to the United States is of a temporary nature only. The submission notes that the Departmental delegate placed significant weight on the fact that the Applicant sold property interests in Australia and purchased a property to reside in the United States in Rumson, New Jersey. The submission notes that the delegate concluded that the sale of the Australian property and the concurrent purchase of US property suggested that the Applicant was more dedicated to her ongoing residence in the United States rather than in Australia. The submission notes the delegate erred in attributing significant weight to this factor. The submission notes that the evidence indicates that the Applicant and her husband purchased an off the plan apartment at 278 Birrell Street Bondi in 2021.
5. The submission notes that when the Applicant and her family relocated to the United States, they were initially looking for a rental property in Rumson New Jersey because it offered a very good school district for their young daughter. The Applicant submits that options for rental properties in this area were limited and an opportunity came to purchase a house in Rumson in May 2023 through a broker.
6. The submission notes that in December 2023 the off the plan apartment was finally completed however, the Applicant states that her pre-approved mortgage with the Commonwealth Bank of Australia had expired and she and her husband were unable to get another mortgage through the Commonwealth Bank or indeed another Australian lender sat this time. Consequently, in January 2024 the Applicant and her husband sold the deed of the apartment back to the builder/developer of the property. The Applicant claimed that she and her husband had purchased the US property purely for their daughter's schooling and to provide the family with stable accommodation and that they had always intended to keep the residence in Australia and rent it out until their eventual return to Australia, however the bank would not issue a new mortgage to them.
7. The submission also notes that the Applicant has a family history of breast cancer, and she decided on medical specialist advice to undergo a double mastectomy to mitigate her future risk. These surgeries took place in January 2025, April 2025 and June 2025. The Applicant claimed that the importance of maintaining continuity with her surgeon in the USA with respect to her breast surgeries "provides a compelling explanation why her ability to return to Australia has been delayed". The submission noted that the Applicant was expecting to undergo further reconstructive surgery in December 2025.
8. The Tribunal was advised at the review hearing that all surgeries have now been completed and that the Applicant post-surgical intervention has been given clearance to fly to Australia in April 2026.
9. With respect to the Applicant and her husband's employment in the USA the submission notes that the Applicant's husband Mr Craven's secondment to Hybrid News Ltd in the USA was not an ongoing position of employment and the letter from the CEO of Hybrid stated that the Applicant's husband "will be in a position to return to our Sydney office no later than January 2028".
10. The evidence indicated that the Applicant has obtained work in the United States with PayPal based in their New York City office. The Applicant advised that upon her return to Australia that she could request a transfer to PayPal's offices in Sydney and that she did not anticipate encountering any issues with respect to this request.
11. The submission notes that the Applicant and her husband maintained a business in Australia called Craven Collective Pty Ltd which the Applicant had used for her consulting services. The Applicant continued to maintain her same mobile phone number for Australia that she had held for the past 10 years in anticipation of her return to Australia. The Applicant and her husband paid taxation in Australia on Craven Collective.
12. The submission notes that the Applicant and Mr Craven's employment aspirations in Australia should be a factor indicating that they intend to reside in Australia permanently in the future or in the alternative that the Applicant would maintain a close and continuing association with Australia should her application be approved.
13. The submission makes reference to the education of the Applicant's daughter. The submission notes that the delegate found that the Applicant's daughter had ongoing enrolment in a USA school and expressed reservations about the Applicant's daughter being on a wait list for an Australian school. The submission noted that the Applicant's daughter was currently on a waitlist to attend the International Grammar School in Sydney with an expectation that she would be enrolled there for year seven in 2027.
14. The submission also made reference to a number of social connections that the Applicant had developed in the time that she lived in Australia indicative of her commitment to Australia and her ties to Australia which the submission notes were absent in the reasoning of the delegate.

RESPONDENTS STATEMENT OF FACTS ISSUES AND CONTENTIONS

1. The Tribunal received the respondent's statement of facts, issues and contentions dated 8 October 2025 which it has duly considered.
2. The respondent's submission notes that the issue in the review is whether the Applicant is likely to reside, or to continue to reside in Australia if the application were approved or whether the Applicant is likely to maintain a close and continuing association with Australia if the application were approved.
3. The respondent submits that the only issue that the Tribunal needed to consider on review is whether the Applicant meets the criterion in section 21(2)(g) of the Citizenship Act.
4. The respondent's submission refers to the legislative provisions and relevant policy considerations found in CPI 11. The submission notes that CPI 11 identifies factors that may be relevant when assessing the issue in review, namely, whether the Applicant is likely to reside or continue to reside in Australia, or maintain a close and continuing association with Australia should her application be approved. These considerations include pre-existing connections with Australia, employment status, financial status including the payment of Australian tax, overseas employment or business, family relationships, return travel to and periods of residence in Australia, primary residence and migration status in a foreign country, intention to reside in Australia and plans to return to Australia.
5. In terms of contentions the respondent notes that the Applicant does not presently reside in Australia, therefore, the Tribunal cannot be satisfied that the Applicant will continue to reside in Australia. The submission notes that the Applicant has been residing in New Jersey in the United States on an ongoing basis since 30 December 2022 along with her husband and daughter who are dual Australian US citizens. They are residing in their own house that they purchased in New Jersey in 2023. The Applicant currently works at PayPal in New York City and states that she runs an online business domiciled in Australia and that her husband works in a US office for a business called Hybrid. The Applicant's young daughter attended school in the United States and the Applicant's extended family all reside in the United States.
6. The Applicant contends that she is likely to reside in Australia if the application were to be approved and the respondent contends there needs to be some reality testing of this claim. Indeed, the Minister submits that the Tribunal should not be satisfied that the Applicant is likely to reside in Australia for the following reasons.
7. The Applicant does not have a concrete plan in place to facilitate a return to Australia. The Applicant's return is premised on her husband completing his job placement in the United States. However, the evidence indicated that the timeline with respect to this has been undefined and evolving and is currently sitting at the beginning of 2028. Initially, the Applicant first stated that her husband's job was a three-month project that would finish in 2025, now it is running through to January 2028.
8. Further that the Applicant has provided evidence that her daughter is on a waitlist for entry to the International Grammar School in Sydney for year seven in 2027, however, no evidence has been provided to show that she had actually been enrolled in the school or what steps were being taken to facilitate the Applicant's daughter commencing study there.
9. The Applicant departed Australia on 30 December 2022 and, apart from the brief return to Australia for a period of nine days to sit the citizenship test in September 2023, she has been outside Australia for more than three years.
10. The Applicant's assertion that they purchased property in the United States because of difficulty finding a rental property establishes that they currently have no property or other physical ties to Australia.
11. The Applicant asserts that she believes that she would be able to request a transfer to the PayPal offices in Sydney but there is no evidence that this has been discussed with her employer and could be a realistic possibility.
12. The submission notes that the Applicant and her husband's Australian business has been able to be managed remotely from offshore and that it appears to be an online business that can be easily run from overseas. The submission notes that there is insufficient evidence for the Tribunal to be satisfied that the Applicant has made concrete plans to return to Australia or to be satisfied that the Applicant has taken meaningful steps to transform her stated desire to reside in Australia into a reality.
13. Having regard to whether the Applicant is likely to maintain a close and continuing association with Australia the submission contends the following. The Applicant contends that since moving back to the United States she has maintained a close and continuing association with Australia having been a permanent resident since 2018, having developed close relationships with Australians, running an Australian-domiciled business, and paying taxes on her business and maintaining her Australian mobile phone number. The Applicant has also relied on the fact that she has undertaken voluntary work at the Bondi Surf club in the past.
14. The Minister accepts that the Applicant has some association with Australia through previous residential connections however, argues, that the question asked by this limb of the criterion is forward-looking and it concerns whether the Applicant would maintain a close and continuing association if the application is approved.
15. The submission notes that the Applicant has had a period of extended absence from Australia and despite the fact that the Applicant resided in Australia for around eight years and 10 months since her initial arrival in February 2014 she has lived the majority of her life overseas in the United States. The submission notes that the Applicant's relocation to the United States during the last 3 plus years is unsurprising and that the evidence clearly indicates that she has regularised her home life in the United States for the foreseeable future.
16. Despite the Applicant claiming to maintain a connection with friends in Australia that this does not evince any present or future involvement or participation in the Australian community itself and that the requirements are for an association with Australia, not with Australians.
17. The submission notes that the Tribunal in previous decisions has found that a close relationship with family and friends is not the same as a close relationship with Australia.
18. The submission states that despite the Applicant holding an Australian phone number and an Australian domiciled company, that these are limited ties and should be given less weight. Overall, there is limited evidence of the Applicant having any meaningful ongoing commitments, attachment or investment in Australia. The Applicant has not demonstrated that she will be likely to maintain a close and continuing association with Australia if the application is approved. Overall, the Minister submits that the evidence does not support a conclusion that the Applicant will be likely to either reside in Australia, or that she will maintain a close and continuing association with Australia, if her application is approved.

1. On 26 February 2026, the Applicant and her husband Mr Joseph Craven attended a hearing from the United States and gave evidence via Microsoft Teams. The Applicant was legally represented by Ms Carina Ford, from Carina Ford Immigration Lawyers. The respondent was represented by Mr Anthony Westenberg, from Sparke Helmore Solicitors.
2. At the outset of the review hearing the Tribunal went into detail about the respective issues in the review, how the review hearing would be conducted, and the prospective outcomes of the review.
3. The Applicant confirmed the contents of the three statements that she had provided to the Tribunal in support of her review application.
4. The Applicant advised the Tribunal that she was currently residing in New Jersey in the United States, but this was a temporary relocation and that the family would be moving back to Australia. The Applicant stated that her father to whom she was particularly close passed away in 2020. Her mother had remarried and was living in another county of New Jersey approximately one hours drive from where she was currently residing. She advised that her 19-year-old stepson Max was currently studying engineering in the United States and playing rugby union but would be returning to Australia at the completion of his studies.
5. The Applicant advised that she and her husband and daughter were coming back to Australia in April 2026. The Applicant confirmed that she had now completed four surgeries undergone to mitigate her risk of breast cancer. She had finally been given consent to take the long flight back to Australia. The Applicant advised that on their forthcoming trip to Australia that she and her husband would be looking at property to purchase in the Bondi and Bellevue Hill areas of Sydney. She and her husband would also catch up with his many family members throughout Australia.
6. The Applicant stated that she also had organised an interview with Southern Cross Austereo (SCA) a media company for which she has undertaken consultancy work in the past. The Applicant stated that she had worked with both the CEO and CFO of SCA. The Applicant stated that she had maintained her Australian business The Craven Collective despite being in the United States since December 2022 as it is a ready mechanism for her to return to consulting work in Australia. The Applicant advised that she was currently a full-time employee of PayPal in the United States and confirmed that there was a prospect of engaging in work with PayPal in Australia. The Applicant stated her preference was to be engaged in her own consulting business upon return to Australia to ensure that she has sufficient time to assist with her daughter's reintegration into Australia and secondary school in Australia upon the family's return.
7. The Applicant explained to the Tribunal that the reason that the family moved from Australia was because her husband Joseph had been given an opportunity by his Australian employer to establish an office for the employer in Philadelphia. This was initially envisaged to be a short-term position, but the position was extended a number of times as the business in Philadelphia continued to grow.
8. The Applicant gave evidence that she maintained strong and ongoing ties to Australia. She advised that in the decade that she was living in Australia that she married her husband, gave birth to her daughter, and looked after her stepson Max. She advised that Max had attended Clovelly Public School in Sydney and then went on to high school at Reddam House and that she was closely associated with both schools as a parent and volunteer.
9. The Applicant advised that her daughter joined the Nippers in Bondi and showed potential as a competitive swimmer. The Applicant stated that living in the Bondi, Bellevue Hill areas that she became very close to the community in Bondi. The Applicant stated that she had many close friends in Australia and that she maintained regular contact with them, some of whom had visited her in the United States. The Applicant advised that she was close to her husband's family who lived in Sydney, Tasmania and Brisbane. She advised that a number of members of her husband's family had visited them in the United States since they had been living there.
10. With respect to her daughter's secondary education the Applicant stated that as her daughter had attended Reddam House in Sydney that there was a place open to her if she wished to return to that school for her high school education. The Applicant's daughter is also enrolled at the International Grammar School in Sydney and the Applicant advised that in April 2026 when the family returned to Australia that they will be exploring Saint Catherine's in Waverley as an option for their daughter particularly given that the school has its own swimming pool, which would meet her daughter's needs as a competitive swimmer.
11. The Applicant advised that with respect to the family's current plans that they are attempting to "get all of their ducks in a row" to return to Australia. She advised that the Hybrid business established by her husband in Philadelphia had been sold to an American education company ECB in January 2026. Her husband was an equity partner in the business and as a consequence of the sale to the American business, the family are now in a position to be able to purchase real estate in Australia without the need for a mortgage.
12. With respect to the purchase of a house in Rumson New Jersey the Applicant advised that upon relocating to the United States, the family wanted to ensure that they were in a good school catchment area. They also wanted to be in close proximity to Mr Craven's work in Philadelphia and to the Applicant's work in New York City. Upon returning to the United States, they enrolled their daughter in a local school in Rumson, seen to be one of the best schools in New Jersey. The Applicant stated that it was extremely difficult to find a rental property in Rumson. To assist them in finding a rental property they engaged a broker who suggested that the family may be better off purchasing a property for the duration of their time in the United States. The Applicant stated that she and her husband through this broker managed to get a loan and managed to purchase a property in Rumson close to their daughter's school. This provided the family with stability for the duration of their stay in the United States. The Applicant stated that she and her husband intended to sell the property prior to returning to Australia and advised that the property had significantly appreciated in the time since purchase and had proved to be a good investment.
13. The Applicant stated that she and her husband had purchased a property off the plan in Bondi. However, the development of the property took longer than expected and the initial approval that they had been given for a mortgage through the Commonwealth Bank of Australia had to be extended a number of times, because of the ongoing delay in the development. By the time the development was completed in 2023 the Applicant and her husband because they were domiciled in the United States were not able to get a mortgage through an Australian bank to enable them to settle on the property, so they sold the deed back to the developer.
14. The Applicant stated that in the time that she resided in Australia that she and her family had lived in the eastern suburbs of Sydney at Clovelly, South Coogee, Bondi and Bellevue Hill and that this is where the family wished to return to live out their respective lives. The Applicant stated that the Australian lifestyle on offer to them in Sydney was very attractive and that the same lifestyle was not available to them in the United States.
15. The Applicant stated that during the time that she was living in Australia that she formed a close relationship with both her dentist and her general practitioner with whom she has kept in touch and whom she would continue to engage with when she returns to Australia. The Applicant stated that she had not been able to engage with a permanent general practitioner or dentist since she had returned to the United States.
16. Mr Westenberg cross-examined the Applicant. The Applicant advised that when she was growing up the family moved around living in New Jersey, Manhattan and in Rhode Island. Apart from the decade that she lived in Australia she had predominantly lived in the United States apart from 1996 a year she spent in the United Kingdom. The Applicant also stated that she frequented the United Kingdom between 2009 and 2010 for work purposes.
17. The Applicant stated that she was able to obtain regular work in Australia and undertook consultancy work. She advised that when her daughter was born her parents came out from the United States to visit. She confirmed that her last visit to Australia was in September 2023 to sit the citizenship test however, that the main reason for her visit was to attend her stepson Max's graduation from Reddam House. The Applicant advised that her last job in Australia was with SCA and that she was hopeful of engaging with this business upon her return to explore employment and consultancy opportunities. The Applicant advised that engaging with work with PayPal in Australia would not be her preference going forward however it was an option.
18. The Applicant once again explained the reason for the purchase of a property in Rumson and expressed the difficulties in securing rental accommodation close to her daughter's school. The Applicant stated that when she and her family travelled to United States in December 2022 that they took their personal belongings with them. Initially they rented furnished accommodation, and they left most of their possessions in Australia including a motor vehicle that they later sold.
19. The Applicant confirmed that all her surgeries with respect to mitigating her breast cancer risk had been completed as of December 2025, and that she had been cleared to travel to Australia in April 2026.
20. The Applicant stated that her most active involvement in a voluntary organisation was with the Bondi Nippers and that there have been no such opportunities that had presented themselves to her in the United States.
21. The Applicant advised that her daughter has a place at Reddam House in Sydney for her secondary education given that she had been a past pupil of the school. The family have paid a deposit to the International Grammar School for the daughter's secondary education as another option and that they would be exploring a third option of Saint Catherine's school in Waverley when they returned to Australia in April 2026. The Applicant stated that her stepson Max will remain in the United States until he completes his engineering studies but has expressed that it was his intent to return to Australia upon the completion of those studies as he was close to his family.
22. The Applicant stated that she had two brothers in the United States one of whom she saw occasionally because he was on the road a lot with his employment and that her other brother lived around 45 minutes away from her in Rumson and she he saw him regularly for birthdays, Christmas and Thanksgiving. She advised that he has two children of his own both with disabilities.
23. The Applicant stated that she had limited extended family in the United States apart from a third cousin in New York City and some family members in Delaware.
24. The Applicant confirmed that she moved to Australia in 2013 when she was around 38 years old spending 10 years residing in Australia. She confirmed that she did not have any property interests in Australia and only held a property interest in Rumson in the United States currently. The Applicant stated that she was married to an Australian citizen husband, she had an Australian citizen daughter, and she also had an Australian citizen stepson. The Applicant stated that it was her objective to ensure that her daughter completed a secondary education in Australia and that she would assist her daughter in settling into high school. The Applicant stated that she had noticed since her return to the United States that there was limited work life balance on offer in that country compared to Australia.
25. The Applicant advised that her daughter had two close friends in Australia Charlotte and Harper whom she maintained ongoing contact with and whom she would be visiting in April 2026. She described her daughter as being an outdoors child and that she had struggled with the climate on the east coast of the United States.
26. Once again with respect to employment the Applicant stated that she was hoping to take on consultancy work in Australia, she noted that she had previously used workspace in George Street in Sydney and liked the flexibility of that work arrangement.
27. The Applicant stated that she had a strong connection to her husband's siblings and other relatives she advised that she was close to his brother Tom who had stayed with them in the United States and she was also close to her sister-in-law.
28. Mr Craven gave evidence to the Tribunal and confirmed the provision of two statements in support of the review. Mr Craven advised that Hybrid Philadelphia had been sold to a US company called EAB in January 2026. He advised that EAB had a strong presence in the United States but not in other education markets and they wanted to increase their international profile. Mr Craven advised that the Hybrid business had grown exponentially in the time he had worked for them in Sydney and Philadelphia.
29. Mr Craven advised that he was told in November 2022 about the need to relocate to the United States to get the Hybrid business up and running. Initially this was to put a team in place, however, the revenues in the business had grown exponentially to $17 million in less than three years. Mr Craven advised that he expected to only be in the United States for between three and six months not the extended period he had been there.
30. Mr Craven gave evidence about the purchase of an off the plan property for which he was given a preapproved mortgage from the Commonwealth Bank in 2021. He advised that the preapproval was valid for six months and that it needed to be extended because of the late completion date of the property. The property was eventually completed in late 2023, and at that stage because he was living and working in the United States it was difficult for him to obtain a mortgage because Australian banks were very risk averse at the time.
31. Mr Craven advised that he and his family were planning on returning to the eastern suburbs of Sydney and that they were looking to purchase a property in Bondi or Bellevue Hill. He advised that they would be actively looking for a property upon return to Australia in April 2026. Mr Craven advised that he and his wife purchased a property in the United States in Rumson because it was difficult to secure a rental property in the school catchment area of the daughter's primary school. A mortgage broker with whom they engaged suggested that they could possibly buy a property which they ended up doing after they were approved for a loan by US bank. Mr Craven stated that he and his wife would sell the property when they returned to Australia and that they should realise a profit on the property because of the appreciation in property prices in the US.
32. Mr Craven confirmed that his son was studying engineering in Pennsylvania and playing rugby union. He believed that upon completion of his engineering degree that his son would return to Australia. He advised that his son's mother resided in Sydney and his grandparents resided in Tasmania.
33. Mr Craven described his wife's relationship with his immediate and extended family members as being a close one.
34. Mr Craven stated that prior to the families move to the United States at the end of 2022 that his wife ran a good consultancy business in Sydney. She had kept the business operational pending her return to Australia. He advised that his wife had been active in the schools that their children had attended. She was an active volunteer with the Bondi Surf club particularly with respect to Nippers.
35. Mr Craven confirmed that his daughter would return to Australia to complete secondary school and that she had a pre-existing place at Reddam House and that she had been enrolled for a place with the International Grammar School in Sydney. He advised that he and his wife would also explore the option of Saint Catherine's in Waverley upon their return to Australia in April 2026.
36. In questioning by the Minister's representative Mr Westenberg, Mr Craven advised that he joined Hybrid in July 2018 and that his brother James had started the business. He described himself as being a non-executive member of his brother's board. He advised that his brother James got him to manage the Sydney office of Hybrid which he successfully built up and this precipitated the move to the United States at the end of 2022 to create a US presence. There were now 55 employees in the US business. Mr Craven believed that he would have a role with the business in Philadelphia until quarter 1 or quarter 2 of 2027 and that the family definitely intended to return to Australia to enable his daughter to complete her high school studies in Australia.
37. In closing Ms Ford stated that she believed that either test in section 21(2)(g) was able to be satisfied and that the evidence indicated that the Applicant is likely to reside, or to continue to reside in Australia, or to maintain a close and continuing association with Australia if the application were to be approved.
38. Ms Ford stated that the Applicant was reliant on submissions that had been made to the Tribunal supported by the Applicant and her husband's statements. Ms Ford posited that the Applicant's connections to Australia were strong and included significant community involvement in Bondi, particularly with Bondi Nippers, significant family connections through her husband, significant close friendships forged over her decade of living in Sydney, and strong work connections through her previous consultancy work. Ms Ford noted the Applicant's evidence that her preference upon return to Australia would be to work in a consultancy capacity while settling her daughter into her secondary schooling in Australia and that the Applicant had identified the work/life balance in Australia to be very important to her. Ms Ford noted that the Applicant and her husband Mr Craven as a result of the sale of Hybrid in January 2026 to a US company were in a much healthier financial position and could now purchase real estate outright in the eastern suburbs of Sydney because of that sale.
39. Ms Ford noted that the Applicant had strong ties to all of Mr Craven's immediate family and extended family. She had lesser ties in the United States since her father passed away in 2020 and her mother had remarried.
40. Ms Ford noted that the Applicant had undergone significant surgeries to mitigate her risk of breast cancer going forward and these involved four major operations, the last of which was completed in December 2025. The Applicant was unable to travel during this extended period; however, she had been given clearance to travel back to Australia in April 2026.
41. Ms Ford noted that the relocation of the family to America was short-term and was to facilitate an opportunity for her husband to build up the Hybrid business in Philadelphia. This had clearly paid dividends to the family who were now in a position to purchase an Australian residential property outright, without a need for a mortgage.
42. Ms Ford referred to the Applicant's evidence that in the time that she had been living again in the United States she had not established a close link to a dentist or general practitioner, links that she had maintained with a GP and dentist in Australia.
43. Ms Ford noted that the family are committed to their daughter having a secondary school education in Australia and that they are committed to a life going forward in Sydney. The Applicant gave evidence of her plans to remain in Australia. Mr Craven stated that because of the nature of his occupation and business that he would need to travel overseas from time to time particularly to countries in Southeast Asia and that it was easier to do this from Australia.
44. Ms Ford referred to a number of recent authorities from the Administrative Review Tribunal dealing with the issue in section 21(2)(g) of the Citizenship Act.
45. Mr Rosenberg stated that it was the Minister's position that the Tribunal could not be satisfied that the Applicant met either limb of the test in section 21(2)(g) of the Act.
46. That having regard to the citizenship policy instructions found in CPI 11 with respect to the likelihood to reside or continue to reside that it should be probable rather than possible. It had to be comprised of realistic plans and not hypothetical ones. Mr Rosenberg noted that the move back to Australia was still pending. He was not sure whether this would take place in quarter 1 or quarter 2 of 2027 or even beyond that time. He noted that the Applicant is currently employed in the United States on a full-time basis and that the Applicant and her husband have purchased residential property in the United States in where they have resided for the past three years.
47. With respect to a close and continuing association with Australia the Minister accepted that the Applicant has a number of connections to Australia through her husband's relatives, and through previous employment. Also, through the Bondi community particularly Bondi Nippers. However, the evidence indicated that the Applicant had spent more time in the United States and had a closer and continuing association with that country than she did with Australia.

1. The requirements under the Citizenship Act are that the Applicant is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved.
2. The evidence indicates that the Applicant has been residing in New Jersey in the United States since January 2023 with her husband Mr Joseph Craven and their daughter Indi. Mr Craven's 19-year-old son Max is currently studying an engineering degree at Penn State University in Pennsylvania. He is also playing rugby union in the United States. The evidence provided to the Tribunal is that upon completion of his engineering studies in 2 and a half years' time Max will return to live in Australia.
3. The Applicant's husband Mr Craven has worked for a business, Hybrid, in Sydney since 2018 and was approached to establish a United States office of the business in Philadelphia. It was expected that this would be a short-term placement however, in the time that Mr Craven was in the United States the Hybrid office grew exponentially and has recently been the subject of a takeover by a large American business, EAB, in January 2026. The evidence provided at the review hearing indicates that Mr Craven's commitment to the business should only extend to quarter 1 or quarter 2 of 2027.
4. The evidence provided to the Tribunal by the Applicant and her husband is that they are both committed to their daughter completing her secondary school studies in Australia which will commence in 2027. Their daughter has a current offer of a place at Reddam House where she was a previous student. She is also enrolled at the International Grammar School in Sydney. The family will be travelling to Australia in April 2026 at which time they will explore a third high school option, Saint Catherine's College in Waverley in Sydney.
5. The evidence indicates that the Applicant and her husband and their children resided in Bellevue Hill and Bondi prior to their relocation to the United States at the end of 2022. The evidence indicates that the Applicant and her husband purchased an off the plan property in Bondi in May 2021for which they received a preapproved mortgage through the Commonwealth Bank.
6. The evidence indicates that because of ongoing delays in the completion of the development that the Applicant and her husband had to seek an extension on the preapproved mortgage. The development was not completed until 2023, at which time the family was residing in the United States due to Mr Craven's work with Hybrid. The Applicant and her husband were not able to secure a mortgage to settle on the Bondi property in 2023 due to their absence from Australia, and difficult lending conditions in Australia, and as a consequence they ended up rescinding the contract and selling the deed back to the developer on 29 January 2024.
7. The evidence indicates that the Applicant and her husband upon relocating to the United States had hoped to secure rental accommodation in Rumson New Jersey which offered excellent primary school facilities for their daughter. Evidence provided by a US real estate broker confirms that rentals in the area were difficult to obtain and the broker suggested and indeed assisted the family in purchasing a property in Rumson. This purchase ensured that for the duration of the time the family were in the United States they had stable accommodation close to their daughter's school. The Applicant and her husband confirmed at the review hearing that the property has appreciated in value since their initial purchase of it and that they intend to sell it prior to their return to Australia.
8. The evidence indicates that the Applicant and her husband and daughter will be travelling to Australia in April 2026 and that during this visit will be engaging with real estate agents and brokers to find a suitable house to purchase in the eastern suburbs of Sydney preferably in Bondi. Mr Craven advised that because of his sale of his 4% equity in Hybrid to EAB that he is now in a financial position to be able to purchase a property outright without the need for a mortgage. The Applicant and her husband gave evidence that their temporary relocation to the United States had led to financial security.
9. The evidence indicates that the Applicant was actively involved in her stepson's primary school, Clovelly Public, and his high school Reddam House. She continued that connection when her daughter attended Reddam House. The Applicant and her husband gave evidence of their desire for their daughter to complete her secondary school studies in Australia and referenced the enrolments that they have secured in this respect.
10. The evidence indicates that the Applicant was closely involved with Bondi Nippers of which her daughter was a member and forged close links to the Bondi community during the time that she resided in Sydney. She expressed that the family is keen to reconnect to this community upon return to Sydney.
11. The evidence indicates that the Applicant and her husband have maintained close relations with her husband's immediate family members and close family members, a number of whom, gave testimony to the Tribunal in the form of statements attesting to the strength of familial relationships.
12. The Applicant has maintained her Australian business The Craven Collective for the duration of the period that she has resided in the United States so that she has a ready vehicle to recommence her consulting business upon return to Australia. The Applicant will be meeting with Southern Cross Austereo with whom she had undertaken consulting work in the past when she returns to Sydney in April 2026, to set up a pipeline of prospective work for her return to Australia. The Applicant also flagged the potential of obtaining work with PayPal in Australia, which she described as her least preferable option.
13. As a consequence of Mr Craven's work in the United States and the sale of the equity that he held in Hybrid the family has now realised financial independence and upon return to Australia will not require a mortgage to finance the purchase of a residential property.
14. Evidence has been provided that the Applicant and her husband and children are committed to a life in Sydney Australia which offers them living conditions that are more favourable for a range of reasons than those that exist in the United States.
15. The Tribunal finds on the basis of the evidence before it that the Applicant is likely to reside, or to continue to reside in Australia or to maintain a close and continuing association with Australia if the application were to be approved.

1. The Tribunal finds that the correct and preferable decision is to set aside the decision of the delegate on the basis that the Applicant satisfies the requirements of s 21(2)(g) of the Citizenship Act.

[1] Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634.