Al Hellani and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral by Al Hellani, who sought to challenge the Minister for Immigration and Border Protection's decision to affirm the refusal of her application. The dispute centred on whether the applicant had a permanent or enduring physical or mental incapacity at the time she lodged her citizenship application, which would exempt her from certain requirements. The case was heard by R W Dunne SM.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the requirements of section 21(3)(d) of the *Australian Citizenship Act 1948* (Cth) by demonstrating a permanent or enduring physical or mental incapacity at the time of her application. This involved assessing the medical evidence provided by the applicant and the respondent to ascertain the nature and permanence of any alleged incapacity.

The Tribunal considered medical reports from the applicant's GP, oncologist, and specialist, which detailed her treatment for breast cancer and its side effects, including pain, memory problems, and depression. However, these reports did not definitively state that her condition was permanent or enduring at the time of application. The Tribunal also considered a report from a psychologist, Mr Abiyat, which indicated depression and anxiety issues, but lacked an opinion on permanence or impact on English language ability. Crucially, the Tribunal preferred the comprehensive report of Associate Professor Brinded, a consultant psychiatrist, who diagnosed a major depressive episode but concluded it was likely treatable and not permanent or enduring, nor did it render the applicant incapable of demonstrating basic English knowledge or understanding the citizenship application. Consequently, the Tribunal was not satisfied that the applicant met the criteria under section 21(3)(d) of the Act.

The Tribunal affirmed the decision under review, finding that the applicant was not eligible for Australian citizenship by conferral based on the evidence presented. The applicant was advised that she would be able to reapply for citizenship at a later time.