1. On 1 December 2022, Ms GN applied for Australian citizenship by conferral on behalf of the Applicant.[2]
2. On 15 November 2023, the Department requested further information regarding the Applicant's close and continuing association with Australia.[3]
3. On 27 November 2023, Ms GN responded to the Department and provided the following material:[4]

(a) Written statement dated 27 November 2023;[5] > > (b) Northern Territory Notice of Valuation and Residential Tenancy Agreement for Ms GN's property in the Northern Territory;[6] > > (c) Residential Rental Agreement for Ms GN's property in Victoria;[7] > > (d) Receipts for the payment of rent of Ms GN's Queensland property;[8] and > > (e) Ms GN's employment contract dated 31 January 2022, 8 March 2023, and 26 June 2023.

4. On 17 January 2024, Ms GN followed up the progress of her son's citizenship application with the Department.[9] She provided the following additional material:

(a) Residential Tenancy Agreement for Ms GN's Queensland property;[10] > > (b) Receipts for the payment of rent and other expenses on Ms GN's Victorian property;[11] > > (c) Receipts for the payment of rent and other expenses for Ms GN's Northern Territory property;[12] > > (d) ATO Notice of Assessments for Ms GN for the financial years ending 2019, 2020, 2021, and 2022;[13] > > (e) An Indonesian e-Visa document in the name of the Applicant dated 13 November 2023 and evidence of flights between Vanuatu, Australia and Indonesia;[14] and > > (f) Various family photographs.[15]

5. On 10 January 2025, Ms GN emailed the Department to follow up on the progress of the citizenship application.[16]
6. On 24 February 2025, a delegate of the Respondent decided to refuse to approve the Applicant's application for Australian citizenship by conferral pursuant to s 24(2) of the Act.[17] Ms GN was notified of the Department's decision the same day.[18]
7. On 20 March 2025, the Applicant lodged an application to review that decision with the Tribunal.[19]

1. On 18 February 2026, the Tribunal hearing was conducted by video. The Applicant was represented by Mr Peter Chiam from Arlington Legal. The Respondent was represented by Mr Anthony Westenberg of Sparke Helmore Lawyers. The Tribunal heard evidence from Ms GN, Ms JN and Ms TN (the Applicant's aunts, and Ms GN's sisters) and Mr JN (the Applicant's grandfather and Ms GN's father). The Tribunal received into evidence the following exhibits:

(a) T-documents (Exhibit R1); > > (b) Respondent's Statement of Facts, Issues and Contentions (Exhibit R2); > > (c) Respondent's Tender Bundle (Exhibit R3) (comprising Department documents regarding the Applicant's visa and Ms GN's movement records); > > (d) Applicant's Overview of Key Arguments (Exhibit A1); > > (e) Applicant's Bundle of material (Exhibit A2) (comprising various documents including letters of support, evidence of Australian held bank accounts, Ms GN's employment contract, details of Australian held properties, and evidence of an application for enrolment to an Australian school); > > (f) Applicant's Statement of Facts, Issues and Contentions in Reply (Exhibit A3).

1. Section 21(1) of the Act provides that a person may make an application to the Minister to become an Australian citizen.
2. Section 21(5) provides the eligibility criteria for applicants aged under 18 years:

Person aged under 18 > > (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person: > > (a) is aged under 18 at the time the person made the application; and > > (b) is a permanent resident: > > (i) at the time the person made the application; and > > (ii) at the time of the Minister's decision on the application.

3. Section 24(1) of the Act provides that if a person makes an application under s 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen.
4. Section 24(2) of the Act provides the Minister with a discretion to refuse the person becoming an Australian citizen despite the person being eligible under s 21(2), (3), (4), (5), (6) or (7).
5. Section 52(1)(b) provides that an application may be made to the Tribunal for review of a decision made under s 24 to refuse to approve a person becoming an Australian citizen.

1. It is not in dispute that the Applicant satisfies the eligibility criteria in s 21(5) of the Act.[20] That is, the Applicant was aged under 18 years at the time he made the application and was a permanent resident.
2. Therefore, the sole issue for determination is whether the discretion in s 24(2) of the Act should be exercised to refuse the Applicant becoming an Australian citizen, despite being eligible under s 21(5).
3. In determining this issue, the Tribunal has applied the relevant policy guidance as set out below.

1. The Australian Citizenship Policy Statement ('Policy') and the Revised Citizenship Procedural Instructions ('CPI') provide policy guidance to decision-makers exercising powers under the Act.
2. The policies applicable to the current application are:

(a) CPI 4 - Australian Citizenship by Conferral - Person under 18 (reissued 31 October 2021);[21] > > (b) CPI 11 - Assessing likelihood to reside or continue to reside in, or maintain a close and continuing association with Australia (updated 4 October 2024);[22] > > (c) CPI 12 - Assessing significant hardship, disadvantage or detriment for the purposes of Australian citizenship (issued 10 April 2019);[23] and > > (d) CPI 13 - Best interests of the child assessments (issued 10 April 2019).[24]

3. Each of the CPIs contains information regarding their application and use which is consistent across each policy. For example, paragraph 1 of CPI 4 provides:[25]

Delegates are required to understand and apply the relevant law as set out in the Act. Many of the requirements in the Act are expressed in objective terms and do not allow any discretion for delegates. To the extent that the Act allows for discretion, delegates must consider the Department's approved policy and procedures where relevant and appropriate. This ensures that decision-making is consistent to the extent that it is appropriate and arbitrary outcomes are avoided. > > However, policy and procedures do not have the force of law. When exercising powers or making decisions under legislation, citizenship officers must give policy documents due weight, but must not apply policy inflexibly and may consider the merits of each individual case. In order to make a fair, reasonable and lawful decision, it may be appropriate to depart from the approved policy and procedures, depending on the facts of the particular case.

4. It is well-established that the Tribunal will generally follow such policy unless there are 'cogent reasons' not to do so.[26] There being no cogent reasons not to apply such policy, the Tribunal has had regard to and applied the policy to the facts and circumstances of this case. The Tribunal has noted that such policy does not have the force of law and must not be applied inflexibly.
5. A summary of each of the relevant policies follows.

CPI 4 - Australian Citizenship by Conferral - Person under 18

1. The purpose of this CPI is to identify the legal requirements, and related policy and procedures that apply to assessments under s 21(5) of the Act.[27] Paragraph 7 of CPI 4 contains policy considerations for children aged 15 years and under. It is stated that it is the intent of these policy settings that the child (and their responsible parent/s) intend 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.[28]
2. The policy provides that applicants 15 years or younger are expected to meet one of the following factors which are relevant to making a decision under s 24(2) of the Act:[29]
   • Usually resident in Australia and living with a responsible parent who is an Australian citizen and who consents to the application;
   • Usually resident in Australia and living with a responsible parent, who is a permanent resident and who consents to the application;
   • Usually resident in Australia and living with a responsible parent, who is not an Australian citizen and who consents to the application;
   • Usually resident overseas and living with a responsible parent, who is an Australian citizen and who consents to the application;
   • An unaccompanied humanitarian minor who falls under the Minister's guardianship.
3. The fourth dot point applies to the Applicant's circumstances. In those cases, delegates must consider whether the child (and their parent) has an intention to reside in, or will maintain a close and continuing association with Australia should the application be approved by reference to CPI 11 - Assessing likelihood to reside or continue to reside in, or maintain a close and continuing association with Australia.[30] Delegates must also consider the child's previous residence or patterns of visits to Australia, as well as the family's association with Australia. Delegates must also consider whether the grant of Australian citizenship could disadvantage the child, or put them in significant hardship, by (for example) losing their other citizenship.[31]
4. Paragraph 9.3 provides that delegates must also consider whether the person would be subject to significant hardship or disadvantage before proceeding to refuse an application by reference to CPI 12 - Assessing significant hardship, disadvantage or detriment for the purposes of Australian citizenship.[32] Where an application is being considered for refusal under the discretion in s 24(2) of the Act, a best interests of the child assessment will be required if the Applicant is under 18 at the time of the decision (CPI 13 - Best interests of the child assessments).[33]

CPI 11 - Assessing likelihood to reside or continue to reside in, or maintain a close and continuing association with Australia

1. The purpose of CPI 11 is to set out the legal requirements and related policy and procedures that apply to an assessment of whether a person is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the person's application for citizenship were approved.[34]
2. Paragraph 3.4 provides guidance in assessing a 'likelihood to reside or to continue to reside in Australia':[35]

The words comprising the phrase 'likely to reside, or to continue to reside' are to be given their ordinary meaning in the context in which they appear. The Macquarie Dictionary Online defines:

• 'likely' as probably or apparently going or destined (to do, be, etc.) - in the context of the requirements of the Act, this means it is probable rather than possible that the person will reside in Australia;
• 'reside' as to dwell permanently or for a considerable time; have one's abode for a time - in the context of the requirements of the Act, this means the person's home in which they ordinarily live is in Australia.

The person's intention to reside in Australia may be investigated if the applicant:

• has indicated they will be outside Australia for six months or more during the processing of their application; or
• has indicated they will reside outside Australia after obtaining Australian citizenship; for example, they have indicated an intention to migrate elsewhere or to take up employment outside Australia; or
• missed their scheduled citizenship ceremony; or
• has made contact with the Department requesting an overseas ceremony...

1. Paragraph 3.5 provides guidance in assessing the phrase 'likely to maintain a close and continuing association with Australia':[36]

The words comprising the phrase 'likely to maintain a close and continuing association' are given their ordinary meaning in the context in which they appear. The Macquarie Dictionary Online defines:

• 'maintain' as to keep in existence or continuance; preserve; retain;
• 'close' as near, or near together, in space, time, or relation;
• 'continuing' as to last or endure;
• 'association' as the act of associating ... connection or combination.

It is important to note that the requirement to maintain a close and continuing association refers to an association with Australia, not with Australians. This means that a close and continuing association with immediate/extended family or other social relationships or networks in Australia, on its own, may not be a sufficient factor to meet this requirement, although each case must be considered on its own merits. > > While not defined in legislation, the purpose of this part of the requirements is that the applicant demonstrates that they are participating in the Australian community, although they are not residing in Australia. This may include, but is not limited to:

• participation in a community group that provides services or engages in activities of benefit to the Australian community;
• undertaking education or profession-based studies with an Australian institution; or
• membership of a board or committee of a club, charity or other entity that provides services, recreational or educational opportunities in Australia.

1. Factors that may be relevant to a determination that an Applicant has an intention to reside or continue to reside in, or maintain a close and continuing association with Australia include:[37]
   • Pre-existing connection with Australia;
   • Employment status;
   • Financial (Has the person paid income tax in Australia during the four years prior to application?);
   • Overseas employment or business;
   • Family relationships (Are the applicant's immediate family members permanent residents or Australian citizens?);
   • Return travel to, and periods of residence in, Australia;
   • Primary residence and migration status in foreign country;
   • Intention to reside in Australia;
   • Plans to return to Australia in the near future.

CPI 12 - Assessing significant hardship, disadvantage or detriment for the purposes of Australian citizenship

1. The purpose of this CPI is to identify the legal requirements and related policy and procedures that apply when making an assessment as to whether a person would suffer significant hardship, disadvantage or detriment in relation to a decision under the Act.[38] This CPI is to be considered when applicants aged under 18 years have applied for citizenship by conferral and do not meet the approved guidelines.[39]
2. Paragraph 3.2 provides guidance in assessing the meaning of 'significant hardship or disadvantage' and 'significant hardship or detriment':[40]

The words 'significant', 'hardship', 'disadvantage' and 'detriment' are not defined in the Act. > > The Macquarie Dictionary Online provides the following definitions: > > significant: important; of consequence. > > hardship: a condition that bears hard upon one; severe toil, trial, oppression, or need; an instance of this; something hard to bear. > > disadvantage: absence or deprivation of advantage; any unfavourable circumstance or condition, injury to interest, reputation, credit, profit etc.; loss; to subject to disadvantage. > > detriment: loss, damage or injury; a cause of loss or damage.

CPI 13 - Best interests of the child assessments

1. The purpose of this CPI is to identify the legal requirements and related policy and procedures that apply when making an assessment of the best interests of a child in relation to a decision under the Act.[41] An assessment of the child's best interests must be undertaken when the Minister (or their delegate) refuses a child's application using the discretionary power under s 24(2) of the Act.[42]
2. Paragraph 3.2 provides that:

The phrase 'best interests of the child' is not defined, but is informed in part, by the principles in the UNCRC [United Nations Convention of the Rights of the Child]. The factors that are most likely to be relevant to citizenship decisions are:

• children should be protected from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse;
• families should be able to stay together, as far as possible;
• the rights and duties of parents and other relevant family members should be respected and it should be recognised that both parents have common responsibilities for the upbringing and development of the child;
• a child has the right to preserve his or her identity, including nationality, name and family relations as recognised by law;
• prevention of the illicit transfer and non-return of children abroad;
• freedom of religion;
• the views of the child should be given weight in accordance with the child's age, maturity and level of understanding; and
• the degree of the child's integration into the Australian community.

1. Paragraph 3.4 provides that the 'best interests of the child' is a primary consideration. This does not mean that the best interests of the child be the only primary consideration, but must be weighed with or against any other primary considerations in the specific circumstances.[43]

1. Ms GN provided a range of documents in support of her son's application. These documents can be broadly categorised as follows.

1. An employment contract provided by Ms GN confirms that she is employed by an Australian-based employer as a manager for the Pacific Labour Mobility Support Program ('PLMSP') in Vanuatu for a period of four years until 30 September 2028.[44] Her company is based in Brisbane and provides services for the Department of Foreign Affairs and Trade ('DFAT').[45] Her contract is governed and construed with the laws of Queensland, and is subject to the exclusive jurisdiction of Queensland courts.[46] Her salary is paid in Australian dollars.[47] Her company is responsible for making superannuation payments under Australian law.[48] Her contract is also subject to Australian laws and policies such as the Public Service Act 1999 (Cth), Fair Work Australia Information Statement, and various DFAT employment policies.[49] Her role as Labour Mobility Regional Manager for the PLMSP is described as follows:

[Ms GN's employer] is contracted to deliver PLMSP on behalf of Department of Foreign Affairs and Trade (DFAT). > > PLMSP's role is to provide DFAT and governments in 9 PICs and Timor-Leste with support to enable workers to access PALM [Pacific Australia Labour Mobility] scheme in inclusive ways that maximise the benefits for the workers and national economies while minimising risks from labour mobility participation. PLMSP's primary functions include capacity building for PALM scheme labour sending units; skills development and training for PALM workers; support for returning PALM workers and their families; information system management; monitoring, evaluation, research and learning; and communications.

1. Ms GN has provided evidence that she owns three properties in Australia (in Victoria, the Northern Territory, and in Queensland). These three properties are currently leased out. She formally resided in the Victorian property and still stores personal property there which the tenants and agency do not have access to.[50]
2. Ms GN has also provided correspondence between her and the real estate agency for her Queensland property confirming an intention to reside in the unit in November or December 2028 and confirming that the current tenants can be offered a shorter lease to accommodate Ms GN's return.[51]

1. Ms GN provided evidence that she holds an Australian bank account,[52] mortgage account[53] and an Australian superannuation account.[54]

1. Ms GN provided evidence that she has completed an application for enrolment in an Australian school for her children (including the Applicant). The confirmation states that the Applicant has applied to Year 7 in 2029, and Ms GN's other child has applied for Year 9 in 2028.[55]

1. Ms GN also provided statements and letters in support from the following:

(a) The Applicant's grandparents who provided details of the Applicant's family in Australia. The Applicant's father stated that he advised Ms GN to buy a three-bedroom unit in Queensland to accommodate her growing family when she returns to Australia for the children's schooling.[56] > > (b) The Applicant's aunt and her partner stated that they love and support the Applicant and have spent time with him in Australia. They want the Applicant to have Australian citizenship so he can have equal standing with his Australian citizen brother.[57] > > (c) The Applicant's other aunt stated that she has a close relationship with the Applicant and has spent time with him during his visits to Australia.[58] > > (d) Ms GN's 12-year-old son also provided a letter in support of the Applicant's citizenship application detailing the things he and his brother like to do in Australia.[59]

2. Ms GN also provided a written statement in which she confirmed the following:[60]

(a) She intends to move back to Australia at the end of 2028. By that stage, her other son will already be attending boarding school in Australia, having commenced at the beginning of 2028. The Applicant's intake for Year 7 commences in 2029. Ms GN would remain in Vanuatu with the Applicant until her contract concludes in September 2028. > > (b) She purchased a three-bedroom unit in Queensland in July 2023 to serve as their primary residence when they return to Australia. > > (c) Ms GN has worked for many Australian International Non-Government Organisations for the past 25 years. Her work history is summarised as follows: > > > (i) January 2006-June 2006: Ms GN worked for Oxfam Australia in Melbourne. During this period, she purchased and lived in a unit in Melbourne. > > > > (ii) June 2009-June 2011: She lived in the Solomon Islands and worked for Save the Children Australia. > > > > (iii) June 2011-May 2013: She lived in Timor-Leste and worked for Save the Children Australia. > > > > (iv) May 2013-March 2015: She lived in Vanuatu and worked for Save the Children Australia. > > > > (v) March 2015-February 2019: She lived in Vanuatu and worked for Oxfam Australia. > > > > (vi) February 2019 - present: Ms GN confirmed in oral evidence that she has worked for her current employer since this time.

1. The Applicant's movement records dated 11 April 2025 indicate that the Applicant has spent approximately 131 days in Australia since 25 October 2017.[61] Most of these have been for short visits since 2017 (excluding the period late 2018 to mid-2021 where there was no travel).[62]

1. Ms GN said she applied for Australian citizenship for the Applicant as the travel facility on his Adoption visa was due to expire. She wants the Applicant to feel the same as the rest of his immediate family (his mother and brother). He is aware of the difference between them when he has to be processed through different immigration channels when they travel. The Applicant already has permanent residency, and Ms GN feels that citizenship is the next step.
2. She has a strong intent to return to Australia in September 2028 when her contract ends. Her other son will return to Australia earlier to attend boarding school.
3. Ms GN last lived in Australia in 2006 through to 2009 when she lived in Melbourne and worked for Oxfam Australia. She had to travel overseas frequently but otherwise lived in Melbourne. Her current employer has a contract with DFAT. As part of her employment conditions, she is governed by the Commonwealth Public Service Act and abides by DFAT employment policies. Throughout her employment history, she has always worked on projects that support Australia.
4. When she returns to Australia in September 2028, she stated she could work for her company's local office, or in a local development role. She hasn't applied for jobs in Australia at this stage. Her primary motivation for returning is for her children to complete their high school education in Australia. She plans to reside in the three-bedroom unit she purchased in Queensland.
5. During cross-examination, Ms GN provided further information on her employment history including time spent overseas as a volunteer, camp counsellor, and as a nanny. She has worked for her current employer in Vanuatu since February 2019 and has had her contract extended three times. Part of her current role is to train others to do her work, in order to facilitate local development. She confirmed she holds a visa to work in Vanuatu and that visa is linked to her current employment. She agreed she has resided outside of Australia on and off for about 24 years (aside from the three-and-a-half-year period in Melbourne).
6. She confirmed that she purchased three properties in Australia and previously lived in the properties in Victoria and the Northern Territory. Her intent is to reside in the Queensland property when she returns. She has family and work connections in Brisbane. Ms GN's father lives in Victoria and is approximately 84 years old. She wants to return to Australia for her children and to be close to her father, stating it is easier to travel from Brisbane to Melbourne than from Vanuatu. She said the end of her contract in Vanuatu is the perfect time to move back to Australia as it coincides with the commencement of secondary schooling for the Applicant.
7. In addition to the travel identified in the Applicant's movement records dated 11 April 2025, Ms GN confirmed that the Applicant had also travelled with her to Australia in late April 2025, September 2025, and in the December 2025/January 2026 holiday period.

1. Ms JN gave evidence that the Applicant is her nephew and Ms GN is her sister. She has a close and loving relationship with the Applicant. She is aware of her sister's plans to relocate to Brisbane. Ms JN said her sister wants to return to Australia.

1. Mr JN gave evidence that the Applicant is his grandson. He has a close relationship with him. He last saw the Applicant in January 2026 when they travelled to Australia. He convinced Ms GN to purchase the three-bedroom unit in Queensland so she can live there with her boys, and they can each have their own bedroom. He is aware of Ms GN's plans to relocate to Australia and for her children to attend secondary school here.

1. Ms TN gave evidence that the Applicant is her nephew and Ms GN is her sister. She speaks to the Applicant via video calls, and she helps him with his homework. She is aware of Ms GN's plans to relocate to Australia for her nephews' secondary schooling. She is close with both of Ms GN's children.

1. The Applicant contends that Ms GN's employment is clearly linked to Australian foreign relations and policy as a company contracted by DFAT to implement and manage Australia's key programs in the Pacific region.[63] Ms GN has strong ties to Australia through the ownership of properties and Australian held bank accounts. Part of her salary is paid into her Australian held bank account.[64]
2. It is further contended that Ms GN has demonstrated a clear intention to return to Australia as her personal property is stored at one of her properties, she holds Australian bank accounts, her children have made applications to attend Australian schools, and she has significant family ties in Australia.[65] The provision of a demobilisation payment in her current employment contract would also clearly assist the family to relocate to Australia at the end of her contract.[66] Demobilisation expenses are only payable if the employee and their dependants return to their country of origin (Australia) at the end of the agreement.[67] When viewed in the context of Ms GN's plans to relocate to Australia at the end of her contract (in September 2028), this provision becomes a strong positive factor in assisting with the family's relocation to Australia.[68]

1. The Respondent contends that the Applicant and his responsible parent do not have an intention to reside in Australia due to the following reasons:

(a) The Applicant and his mother have established a home in Vanuatu. The Applicant is a citizen of Vanuatu and has lived his entire life there, as well as attending school in Vanuatu. The Applicant has never lived in Australia and only visited from time to time.[69] In addition, Ms GN has lived and worked in Vanuatu for a variety of employers since at least 2013.[70] > > (b) There is an absence of concrete plans to return to Australia. Although Ms GN has provided confirmation of an application for school enrolment for the Applicant for 2029, she has not taken any steps in preparation for moving.[71] > > (c) Ms GN's properties in Australia are all rented out, and whilst she has some financial ties to Australia, she is able to manage these investments offshore as she has done so for many years.[72] > > (d) Whilst Ms GN's employment does demonstrate some association with Australia, this should be given limited weight as evidence of a close and continuing association in circumstances where Ms GN has resided in Vanuatu since 2013, and she has not lived in Australia continuously since about 1999.[73] Although it is accepted that Ms GN's family are Australian citizens and reside in Australia, the relevant CPI requires a close and continuing association with Australia, and not just with Australians.[74]

2. The Respondent also contends that the Applicant is an Australian permanent resident and has permission to stay in Australia indefinitely, and would be able to access education, health, and social welfare services as required. It is contended that a decision to refuse to approve citizenship would not affect the Applicant's migration status and would not result in his separation from members of his family.[75]

1. The Tribunal finds that the Applicant meets the eligibility requirements of s 21(5) of the Act. That is because at the time he made his application on 1 December 2022, he was aged under 18 years, and was a permanent resident of Australia, having been granted permanent residency on 7 August 2018.[76]
2. Section 24(2) provides that the Minister may refuse to approve a person becoming an Australian citizen despite the person being eligible under s 21(5) of the Act. The Tribunal needs to determine whether this discretion should be exercised to refuse to approve the Applicant becoming an Australian citizen. For the following reasons, the Tribunal has decided that the discretion should not be exercised. In making this decision, the Tribunal has had regard to the relevant policy guidance as follows.

CPI 4 - Australian Citizenship by Conferral - Person under 18

1. The Applicant is currently 9 years old. The policy considerations for children aged 15 years and under are relevant to the Applicant's circumstances as a child who is 'usually resident overseas and living with a responsible parent who is an Australian citizen'.[77] In those circumstances, paragraph 7 of CPI 4 provides that decision-makers must consider whether the child and their parent have an intention to reside in, or maintain a close and continuing association with Australia should the application be approved. Decision-makers are also required to consider the child's previous residence or patterns of visit to Australia, as well as the family unit's association with Australia. In making this assessment, regard must be had to CPI 11 which is considered further below.

CPI 11 - Assessing likelihood to reside or continue to reside in, or maintain a close and continuing association with Australia

1. The CPI provides that the phrase 'likely to reside or continue to reside' and 'likely to maintain a close and continuing association' should be given their ordinary meaning.[78] The CPI notes that the requirement to maintain a close and continuing association refers to an association with Australia, not with Australians.[79]
2. The Tribunal has had regard to the factors outlined in paragraph 3.6 of CPI 11 as follows:[80]

(a) Pre-existing connection with Australia: This factor requires decision-makers to consider whether the Applicant had a close connection to Australia prior to their departure and poses various questions such as whether the person has established a home in Australia, whether they have ties to the Australian community, whether they have Australian citizen children, and whether they were working for an Australian employer while resident in Australia.[81] The Tribunal finds that the Applicant in this case does have a pre-existing connection with Australia through his responsible parent. The Applicant's mother is an Australian citizen and has an Australian citizen child (the Applicant's brother). Ms GN was previously employed in Australia and owns three properties here. The Tribunal accepts that she has been absent for a number of years on overseas assignments, but, in each instance, she was employed by Australian employers or NGOs (Save the Children Australia and Oxfam Australia, for instance). Her most recent employment in Vanuatu is for an Australian-based employer and she is subject to Australian workplace laws and policies. The Applicant's family (his aunts and grandparents) are Australian citizens and reside in Australia. He has spent some time in Australia visiting them. Although the Applicant has attended school in Vanuatu, that is to be expected given his mother's current employment. The Tribunal accepts Ms GN's evidence that she intends to return when her contract ends in 2028 so that the Applicant can commence his secondary schooling in Australia in 2029. > > (b) Employment status: The Applicant is a minor, but his responsible parent (Ms GN) is employed overseas by an Australian employer. She is currently subject to a contract that has an end date of September 2028 and includes provision for demobilisation expenses should Ms GN and her dependants return to Australia, which she has stated she intends to do. The Tribunal gives significant weight to the fact that Ms GN is employed by an Australian-based employer and is based in Vanuatu because of this employment. Her employment has an end date, and the Tribunal accepts Ms GN's evidence that her intention is to return when her contract ends and not seek an extension at that time. She has indicated that she proposes to seek locally based work with the same company either in an administrative or project delivery role. The Tribunal notes that these plans are not advanced as yet but does not consider this to be detrimental to her intention to reside in Australia. > > (c) Financial: The Applicant's mother provided income tax returns for the financial years ending 2019 to 2022 which confirm she has paid nil or negligible income tax during that period.[82] The Tribunal has had regard to a letter from Ms GN's accountant which confirms that she is not an Australian resident for tax purposes, and her low or nil taxable income in Australia is a result of investment loans on her Australian properties that are negatively geared.[83] The Tribunal has noted that the Applicant's mother has maintained bank accounts in Australia and has an Australian-held superannuation account. The Tribunal gives the low or negligible payment of income tax in the years prior to application less weight given her significant financial assets in Australia, being the three properties in Queensland, Victoria and the Northern Territory. > > (d) Overseas employment or business: Ms GN is employed by an Australian-based employer in Vanuatu. She is employed as a Labour Mobility Engagement Manager and her contract is due to end on 30 September 2028.[84] Her employer is based in Brisbane and provides contractual services on behalf of DFAT.[85] Ms GN was asked whether she would extend her contract, to which she answered 'no' and indicated that the 'timing was perfect' in terms of her contract end date, and the commencement of the Applicant's secondary schooling. Although it is submitted on behalf of the Applicant that the provision of demobilisation expenses serves as a positive factor to entice the Applicant's return, this is given less weight as the Tribunal accepts the Respondent's contention that such clauses have been a feature of Ms GN's past contracts which were renewed.[86] On balance, however, the Tribunal gives the nature of the Applicant's mother's employment significant weight in the Applicant's favour. > > (e) Family relationships: The Applicant's mother and brother are Australian citizens who reside with the Applicant in Vanuatu. The Applicant's grandparents and aunts also reside in Australia and are Australian citizens. The Applicant's family members each gave evidence that they have a loving and close relationship with the Applicant which is maintained by phone and video calls. The nature of the Applicant's family relationships is given significant weight in the Applicant's favour. > > (f) Return travel to, and periods of residence in Australia: The Applicant was born in Vanuatu in 2016. Since 2017, the Applicant travelled to Australia for short visits spending a total of 131 days onshore.[87] The Applicant's mother provided receipts for accommodation for her visits to Australia in October 2025 and January 2026 which showed that she stayed in the same location as her Queensland property and where the children would be attending school. She stated she did so 'so that the boys and I can get to know the [suburb] area of our unit and suburb they/we are going to be living in'.[88] Otherwise, Ms GN stated that when the family return to Brisbane, they stay with friends.[89] Ms GN stated that even during the pandemic, the family travelled to Australia to attend her father's 80th birthday in July 2021 which required them to undergo a period in quarantine.[90] The Tribunal accepts that the Applicant's mother has also been offshore for a significant period of time working for NGOs in and around the Pacific region. She has been based in Vanuatu since June 2013.[91] She was based in Melbourne from January 2006 to June 2009 when she worked for Oxfam Australia. The Tribunal has had regard to the nature of Ms GN's employment which necessarily involves some travel and overseas deployment. The Tribunal does not consider Ms GN's absence from Australia in those circumstances as detrimental to the Applicant's case. The Applicant's mother has maintained a close and continuing association with Australia during that period through her familial, financial and personal ties. > > (g) Primary residence and migration status in foreign country: The Applicant's primary residence is in Port Vila, Vanuatu, with members of his immediate family.[92] Ms GN provided a rental receipt for her property in Vanuatu.[93] Ms GN has personal belongings stored in the garage area of her Melbourne property.[94] She is currently on a Temporary Work visa in Vanuatu which is linked to her current employment. The Tribunal finds that although Ms GN has been living in Vanuatu since 2013, her plans to return to Australia are concrete. She is living in rental accommodation in Vanuatu and holds a Temporary Work visa. Her personal belongings are stored in Australia. Despite the length of time in Vanuatu, the Tribunal accepts Ms GN's evidence that she always intended to return to Australia. Those plans have now been finalised with the end date of her contract being September 2028. > > (h) Intention to reside and future plans: The Applicant's mother owns three properties in Australia and intends that the family reside in the Queensland property when they return. Ms GN gave evidence that she purchased the three-bedroom unit with her children in mind (after discussing it with her father). She has also made enquiries with her real estate agent and advised them that she intends to return to that property in November or December 2028.[95] She was advised that the lease on that property can be renewed with any shorter period to accommodate her return.[96] It is proposed that the Applicant's brother commence his Australian schooling in 2028 (being one year earlier than the Applicant) at boarding school. The Applicant's mother has provided an email from the Australian school which confirmed receipt of an application for her Australian citizen son to gain entry to the school in Year 9 in 2028.[97] It is intended that the Applicant on the other hand would remain in Vanuatu with his mother and commence in 2029 in Year 7 as evidenced by the confirmation of the application for enrolment dated 20 May 2025.[98]

3. Considering the above factors on an individual and cumulative basis, the Tribunal finds the Applicant has maintained a close and continuing association with Australia and is likely to reside in Australia should the application be approved.

CPI 12 - Assessing significant hardship, disadvantage or detriment for the purposes of Australian citizenship

1. The Tribunal must consider whether the Applicant would suffer significant hardship, disadvantage or detriment in relation to a decision to refuse to approve his application for Australian citizenship.
2. The Applicant is an Australian permanent resident and has permission to stay in Australia indefinitely.[99] It is submitted on behalf of the Respondent that the Applicant would be able to access appropriate education, health and welfare services in Australia if needed, and that a decision to refuse to approve his application would not affect his migration status and he would not suffer any disadvantage.[100] Ms GN expressed a desire for both of her children to travel on Australian passports, and wanted to apply for citizenship before the Adoption visa travel facility expired.[101]
3. The CPI notes that the words 'significant', 'hardship', 'disadvantage' and 'detriment' are not defined in the Act.[102] The CPI does state that the hardship must be significant and of consequence to the person.[103]
4. The Tribunal has considered Ms GN's contention that it would be desirable for both her children to travel on Australian passports. The Tribunal does not consider this factor alone meets the threshold for a significant hardship, disadvantage or detriment to the person. It is accepted that Ms GN would not want her son to feel different to his sibling (who is an Australian citizen), but the Tribunal does not consider a refusal decision would otherwise cause the Applicant significant hardship, disadvantage or detriment.
5. The Tribunal accepts the Respondent's contention that the Applicant would still have permanent residency and would be entitled to access appropriate education, health and welfare services in Australia if required. Therefore, the Tribunal does not consider the Applicant would suffer significant hardship, disadvantage or detriment if a decision is made to refuse to approve his application for citizenship.

CPI 13 - Best interests of the child assessments

1. A best interests of the child assessment must be undertaken when exercising a discretionary power under the Act, such as refusing to approve a citizenship application under s 24(2) of the Act.[104] The CPI provides that decision-makers may refer to and be guided by the articles set out in the UNCRC, which provides, amongst other things, that minors are entitled to access public education, public health services and social welfare.[105] As a permanent resident, the Applicant has appropriate access to education, health and social welfare services when in Australia.[106]
2. Should the Tribunal decide to exercise the discretion to refuse to approve the application, the Tribunal considers that such a decision would not adversely impact the Applicant's best interests having regard to his access to appropriate education, health and social welfare services as an Australian permanent resident.

1. The Applicant meets the legislative requirements for the grant of Australian citizenship under s 21(5) of the Act. The issue the Tribunal needs to determine is whether the discretion to refuse to approve the application under s 24(2) should be exercised.
2. The Tribunal has applied the relevant policies to the facts and circumstances of the Applicant's case. The Tribunal has determined that the Applicant and his responsible parent have a close and continuing association with Australia and an intention to reside here should the application be approved.
3. Ms GN's plans to return to Australia at the conclusion of her contract in September 2028 are concrete. She intends to return to her Queensland property and has advised the real estate agent of this fact. She has made applications for enrolment of her children in Australian schools. Members of Ms GN's family reside in Australia and gave oral evidence in support of the Applicant to the Tribunal. They each confirm they are aware of Ms GN's plans to relocate to Australia for the Applicant's schooling.
4. Ms GN works for an Australian-based employer in Vanuatu. She is subject to Australian workplace laws and policies. The Tribunal notes that she has resided in Vanuatu since 2013 but also notes that roles previously occupied by her were for Australian-based NGOs such as Oxfam Australia and Save the Children Australia. Ms GN has provided evidence of ownership of three properties in Australia, Australian-held bank accounts and a superannuation account. She stores her personal belongings at one of her properties. She purchased a three-bedroom unit in Queensland for the purposes of relocating there when she returns to Australia.
5. Having considered the above matters, the Tribunal has decided that the discretion to refuse to approve the application under s 24(2) should not be exercised.

1. The decision under review is set aside and in substitution the Tribunal decides that the discretion under s 24(2) to refuse to grant the application for Australian citizenship should not be exercised.

[26] Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634, 645.

[44] Exhibit A2, Fixed-Term Employment agreement dated 22 November 2024, 1.

[50] Exhibit A2, letter from real estate agent dated 10 June 2025.

[51] Exhibit A2, email correspondence 2-5 December 2025, and letter dated 10 December 2025.

[52] Exhibit A2, statements from July 2023 to July 2025.

[53] Exhibit A2, statement for year ending 2025, and Transaction Listing Report.

[54] Exhibit A2, Annual super statement for the financial years 2022 to 2024.

[55] Exhibit A2, emails dated 7 April 2025 and 20 May 2025.

[56] Exhibit A2, letter from Applicant's grandparents dated 21 July 2025.

[57] Exhibit A2, letter from Applicant's aunt and her partner dated 21 July 2025.

[58] Exhibit A2, letter from Applicant's aunt dated 20 July 2025.

[59] Exhibit A2, letter dated 8 December 2025.

[60] Exhibit A2, statement dated 2 December 2025.

[67] Ibid, Exhibit A2, Employment Contract, Schedule D, p 14-15.

[74] Ibid, 10 [34], referring to CPI 11, paragraph 3.5.

[82] Ibid 281-93 (for financial years ending 2019 to 2022).

[83] Exhibit A2, letter from accountant dated 28 August 2025.

[84] Exhibit A2, 'Fixed-Term Employment Agreement for Project Personnel' dated 22 November 2024.

[88] Exhibit A2, statement of Ms GN dated 2 December 2025, 2.

[94] Exhibit A2, letter from real estate agent to Ms GN dated 10 June 2025.

[95] Exhibit A2, letter from real estate agent to Ms GN dated 10 December 2025.

[97] Exhibit A2, email from [school] re HN to Ms GN dated 7 April 2025.

[98] Exhibit A2, email from [school] re LN to Ms GN dated 20 May 2025.

[101] Exhibit A2, statement of Ms GN dated 2 December 2025, 4.