Al-Zeebaree and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

This matter concerned an application by Mr Al-Zeebaree for an extension of time to make an application for review before the Administrative Appeals Tribunal. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The Tribunal was required to determine whether it was reasonable in all the circumstances to grant the applicant an extension of time.

The central legal issue was whether the Tribunal should grant an extension of time for Mr Al-Zeebaree to lodge his application for review, considering the merits of his substantive application for citizenship. The Tribunal had to assess whether Mr Al-Zeebaree met the general eligibility requirements for Australian citizenship as stipulated in subsection 21(2) of the *Citizenship Act*, specifically concerning his understanding of the application, basic English language knowledge, and adequate knowledge of Australia and the responsibilities and privileges of citizenship.

The Tribunal reasoned that in deciding whether to grant an extension of time, it must consider the merits of the substantive application. The evidence indicated that Mr Al-Zeebaree had attempted the citizenship test on three separate occasions but had failed to pass on each attempt. As successfully completing the citizenship test is a means by which the general eligibility requirements under subsection 21(2) of the *Citizenship Act* are satisfied, Mr Al-Zeebaree was unable to meet these requirements. Consequently, the Tribunal concluded that his substantive application had no prospects of success, which weighed against granting an extension of time.

The Tribunal was not satisfied that it was reasonable in all the circumstances to grant the extension of time. Accordingly, the application for an extension of time was refused.