Ms Ahmed* came to Australia in 2011 after her marriage with Mr Ahmed*. She was a Pakistani citizen who married a dual Australian/Pakistani citizen.
In 2013, she became a permanent resident and applied for the citizenship with Ministerial discretion, due to her absence from Australia, on 16th August 2017.
In February 2019, the application was declined due to the lack of evidence to show “continued relationship with Australia.”
In November 2019, the Administrative Appeals Tribunal of Australia (AATA) also affirmed the decision made by the Minister.
During the Administrative Appeals Tribunal of Australia hearing, the delegate of the Minister, Department of Home Affairs pointed out that although Ms Ahmed was close with her Australian family (her children and husband are Australians) she needed to have had a close relationship with Australia.
“I acknowledge that you are in a long-term relationship with an Australian citizen spouse, however, personal relationships alone are not necessarily sufficient to demonstrate a close and continuing association with Australia.” The Delegate said.
“During this period you briefly returned to Australia on one occasion between 28 February 2015 and 11 March 2015.
“You have not provided any evidence of property ownership, income tax payments, participation in Australian community-based activities or organisations, ongoing business interest or leave from employment in Australia during the periods of time spent offshore.”
The Tribunal was told that the family only stayed in Australia for less than a year in the four years before applying for citizenship.
مراسم و گواهی شهروندی استرالیا Source: AAP
According to the general residency requirements of Australian citizenship, a person must reside in the country for at least three out of four years before applying for citizenship.
Representing the Minister, Mr Keith Sypott highlighted that Ms Ahmed (before applying for citizenship) stayed in Australia for two brief periods in August 2013 and February to March 2015, and then for several months between October 2016 and August 2017.
Mr Keith Sypott pointed out at the hearing that the length of the period outside of Australia was not simply a case of “missing two days” but an extended period for “over three years”, and specifically, that Ms Ahmed spent less than a year in Australia that was not sufficient to be eligible for the citizenship.
However, Ms Ahmed told the Tribunal that it was because of her husband’s job in Saudi Arabia and later in Qatar that she was “absent from Australia.”
“I tried all my efforts to maintain a close and continuous relationship with Australia.
“In July 2011, my spouse was offered employment in Saudi Arabia, which he accepted. My spouse wanted me to accompany him while he was starting his job overseas and we had to move from Australia.”
According to Ms Ahmed there were several reasons why she could not return to Australia: namely health reasons, including the birth of her children, her father’s illness and the death of her mother-in-law.
She also highlighted that there was “no Australian presence” in Saudi Arabia to stay connected with Australia.
*The names have been changed due to privacy.
