Ahmad Khan and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral, which was refused by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant, an Afghan citizen who arrived in Australia in 2014 and was granted permanent residency in 2017, lodged her citizenship application on 20 March 2018. The delegate's refusal was based on the applicant not meeting the requirements of section 21(3)(d) of the *Australian Citizenship Act 2007* (Cth), specifically that she had not provided sufficient evidence from a specialist demonstrating a permanent or enduring physical or mental incapacity at the time of her application. The Administrative Appeals Tribunal was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether the applicant had a permanent or enduring physical or mental incapacity at the time she lodged her citizenship application, as contemplated by section 21(3)(d) of the Act. This section provides an exemption from the requirement to pass a citizenship test if an applicant can establish such an incapacity, rendering them unable to understand the nature of the application, demonstrate basic English language knowledge, or show adequate knowledge of Australia and its citizenship responsibilities and privileges at that time.

The Tribunal considered medical reports from Dr. Geoffrey Hogan, a consultant psychiatrist, which indicated the applicant suffered from major depressive disorder and had difficulties with memory and concentration. However, these reports did not definitively conclude that the applicant had a permanent or enduring mental incapacity at the time of her application. While one report suggested her illiteracy made it unlikely she could attend English classes or pass the citizenship test, the Tribunal noted that illiteracy alone does not satisfy the requirement of permanent or enduring mental incapacity. Furthermore, the applicant's psychiatric treatment and consultations with Dr. Hogan occurred after her citizenship application was lodged. The Tribunal concluded that the applicant had not produced sufficient evidence to establish a permanent or enduring incapacity at the time of her application. Consequently, the Tribunal affirmed the delegate's decision to refuse the application.