Ahmadzai and Minister for Home Affairs (Citizenship)

This matter concerned an application for review of a delegate's decision to refuse to grant Australian citizenship by conferral to the applicant, a national of Afghanistan. The applicant had applied for citizenship in July 2015, but the delegate refused the application in March 2018, finding that the applicant did not meet the requirements of section 21(3)(d) of the *Australian Citizenship Act 2007* (Cth). The applicant sought review of this decision.

The central legal issue before the Tribunal was whether the applicant possessed a permanent or enduring physical or mental incapacity at the time of his application, which rendered him incapable of understanding the nature of the application, demonstrating a basic knowledge of English, or demonstrating an adequate knowledge of Australia and the responsibilities and privileges of citizenship. This required an assessment of the medical evidence presented by the applicant concerning his alleged depressive illness and post-traumatic stress disorder (PTSD).

The Tribunal considered reports from a psychologist who had treated the applicant since December 2013. These reports indicated that the applicant suffered from depressive illness and PTSD, with symptoms including inability to concentrate, low mood, sleep disturbances, restlessness, and irritability. The psychologist opined that the applicant had a permanent mental incapacity severely impacting his ability to remember basic information, making it impossible to prepare for any test or examination. Further reports noted the applicant's lifelong inability to read in any language due to dyslexia and stated that his enduring mental incapacity hindered his ability to demonstrate adequate knowledge of Australia and its citizenship requirements. However, the psychologist also noted signs of functional improvement and a positive prognosis for functionality with treatment, though the prognosis for symptomatology remained guarded. Other medical materials presented by the applicant did not establish a permanent incapacity.

The Tribunal affirmed the delegate's decision.