1. In order to be eligible for a grant of Australian citizenship, a person must satisfy the general residence requirement under s 22 of the Act:

(1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if: > > (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and > > (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and > > (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.

2. Sections 22(1A) and (1B) provide for allowable overseas absences as follows:

(1A) If: > > (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and > > (b) the total period of the absence or absences was not more than 12 months; > > then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence. > > (1B) If: > > (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and > > (b) the total period of the absence or absences was not more than 90 days; and > > (c) the person was a permanent resident during each period of absence; > > then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.

3. Sections 22(2) to (11) of the Act provide for various exemptions and Ministerial discretions which would allow an applicant to overcome the general residence requirements of the Act.
4. The Applicant sought to rely on the Ministerial discretion at s 22(6) which provides:

(6) For the purposes of paragraph (1)(c), the Minister may treat a period as one in which the person was present in Australia as a permanent resident if: > > (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and > > (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.

5. Section 24(1A) of the Act provides that the Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under ss 21(2), (3), (4), (5), (6), (7) or (8) of the Act.

1. The Applicant provided the Tribunal with a large tranche of material including various certificates, academic qualifications and records, and correspondence between the Applicant and his former legal advisors. He also filed submissions as to why his case should not be dismissed. The Tribunal has reviewed this material and has had regard to it to the extent it is relevant to the Tribunal's determination of this application.
2. The thrust of the Applicant's contentions is that he was provided with poor legal advice in relation to his period of overseas absence and his concurrent visa application. The Applicant said that his complaint against his former legal advisers regarding this advice was partially substantiated. He told the Tribunal he had previously resided in Australia from 2009 to 2016 and satisfied the requirements for Australian citizenship when he made his first application in 2015. He said he passed the citizenship test in 2016, but that this citizenship application was later rejected because he had a matter before the courts.
3. He said he needs his citizenship because he needs to provide urgent assistance to his family who are overseas. He said he would have met the residence requirements for his current citizenship application if it were not for poor legal advice he had received. He asked the Tribunal to have regard to his particular circumstances and his submission that his poor legal advice was the contributing factor behind his failure to meet the general residence requirements.

1. The Respondent submits that the Applicant does not satisfy the general residence requirements under ss 22(1)(a) and (c) because he was absent from Australia from 28 November 2016 to 2 March 2025.[12] It is further submitted that none of the Ministerial discretions apply to the Applicant's circumstances as follows:

(a) Section 22(2) - partial exemption. This exemption does not apply because the Applicant was not born in Australia nor was he an Australian citizen at any time before he made his application. > > (b) Section 22(5) - Ministerial discretion - administrative error. This discretion does not apply because the Applicant was not present in Australia, either as a permanent resident, or because of administrative error, was not a permanent resident during that period. > > (c) Section 22(5A) - Ministerial discretion - confinement in prison or psychiatric institution. This section only applies to s 22(1C) of the Act relating to a person's confinement in a prison or psychiatric institution, which is not relevant to the Applicant's circumstances. > > (d) Section 22(6) - Ministerial discretion - person in Australia would suffer significant hardship or disadvantage. This section only applies if the person was present in Australia. The Applicant was not present at all during the relevant period. > > (e) Section 22(9) - Ministerial discretion - spouse, de facto partner or surviving spouse or de facto partner of Australian citizen. There is no evidence that this section applies to the Applicant's circumstances. > > (f) Section 22(11) - Ministerial discretion - person in an interdependent relationship. There is no evidence that this section applies to the Applicant's circumstances.

2. The Respondent further contends that there is no evidence that the Applicant meets the special residence requirements in s 22A (persons engaging in activities that are of benefit to Australia) or s 22B (persons engaged in particular kinds of work requiring regular travel outside Australia).
3. Further, whilst the Respondent is sympathetic to the Applicant's circumstances, the ability to depart from the general residence requirements are confined to the exemptions and discretions under the Act.[13] There is no other discretion or mechanism available to the Tribunal to waive these requirements.[14]

1. Movement records obtained by the Respondent indicate that the Applicant departed Australia on 28 November 2016 and did not return until 2 March 2025.[15]
2. The Applicant applied for Australian citizenship on 2 February 2025. The relevant four-year period for the purposes of the general residence requirement at s 22(1)(a) therefore commenced on 1 February 2021 (being four years immediately before the day the person made the application). The relevant twelve-month period for the purposes of s 22(1)(c) therefore commenced on 1 February 2024 (being 12 months immediately before the day the person made the application).
3. The Applicant was absent from Australia during the relevant period and therefore does not meet the general residence requirement under s 22(1)(a) or s 22(1)(c) of the Act.
4. The Tribunal has considered whether any of the exemptions or Ministerial discretions apply to the Applicant's circumstances. The Tribunal considers that none of the exemptions or Ministerial discretions in s 22 of the Act can be applied to the Applicant's circumstances because he either was not present in Australia at all during the relevant period, or the specific circumstances of the discretions do not apply.
5. The Tribunal further considers that the special residence requirements in ss 22A and 22B do not apply to the Applicant's circumstances.
6. The Tribunal has considered and had regard to the Applicant's contentions that he was provided poor legal advice which contributed to his absence from Australia. The Tribunal has reviewed the correspondence between the legal representatives and the Applicant, and the documents regarding the formal complaint process the Applicant engaged in. It reveals an unfortunate set of circumstances, and the Tribunal is sympathetic to the Applicant's situation. However, the Tribunal is bound to act in accordance with the legislation. There is no residual discretion to override the general residence requirements of the Act.
7. Section 24(1A) provides that the Minister must not approve the person becoming an Australian citizen unless the person is eligible to become an Australian citizen under ss 21(2), (3), (4), (5), (6), (7) or (8). The Applicant does not meet the general residence requirement and therefore he is not eligible to become an Australian citizen. His failure to meet the general residence requirement cannot be overcome by any of the exemptions or Ministerial discretions. The Tribunal agrees with the Respondent's contention that there is no ability for the Tribunal to otherwise waive the general residence requirement of the Act.
8. The Tribunal finds that the Applicant is unable to overcome the general residence requirement of the Act and is therefore not eligible to become an Australian citizen.
9. The Tribunal is therefore satisfied that the application has no reasonable prospects of success.

1. The application is dismissed pursuant to s 101(1)(b) of the ART Act.

[1] Exhibit A1 - Applicant's bundle of material.

[2] Exhibit R1 - Respondent's submissions.

[3] Exhibit R2 - Respondent's T-documents.