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

This matter concerned an application for citizenship by conferral by Ms Zahara Amiri, which was refused by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether Ms Amiri met the eligibility requirements for citizenship by conferral, specifically concerning the citizenship test. The applicant contended that she should be exempt from the test due to a permanent or enduring physical or mental incapacity, citing depression, anxiety, and illiteracy in English. The Tribunal was required to consider the medical evidence presented by both the applicant and the respondent to determine if such an incapacity existed and if it rendered her unable to satisfy the requirements of the Act.

The Tribunal considered the evidence of various medical professionals, including Dr Gary Banks, a consultant clinical psychologist engaged by the respondent. Dr Banks' assessment, which included psychometric testing, found no compelling evidence that Ms Amiri's level of distress was pervasive enough to impact her learning. While acknowledging her significant trauma, grief, and withdrawal from social situations, Dr Banks concluded that the medical documentation did not establish a permanent or enduring mental incapacity that would exempt her from the citizenship test. The Tribunal found that Ms Amiri did not satisfy section 21(3)(d) of the *Australian Citizenship Act 2007* (Cth).

Consequently, the Tribunal affirmed the reviewable decision to refuse Ms Amiri's application for citizenship by conferral.