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

This matter concerned an application for Australian citizenship by conferral made by Mr Bazzi. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused Mr Bazzi's application, finding that he did not meet the eligibility requirements under section 21(3)(d) of the *Australian Citizenship Act 2007* (Cth). Mr Bazzi sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Bazzi had a permanent or enduring physical or mental incapacity at the time he lodged his citizenship application. Specifically, the Tribunal had to determine if such an incapacity 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.

The Tribunal considered medical evidence from Dr Jacqueline Youssef, a Mental Health Specialist, who reported that Mr Bazzi was experiencing symptoms consistent with Adjustment Disorder with depressed and anxious mood due to stress from his children's welfare in war-stricken Syria/Lebanon and his own medical issues, including pancreatic cancer. Dr Youssef noted Mr Bazzi's reported difficulty concentrating and his extremely severe scores on the Depression, Anxiety and Stress Scales (DASS-42), suggesting his capacity to learn had decompensated. However, the Tribunal also considered a report from Dr Banks, who concluded that Mr Bazzi did not appear to be suffering from a permanent or enduring incapacity that would prevent him from meeting the citizenship criteria. The Tribunal determined that it would be unfair to apply a more stringent procedural instruction (ACPI) that came into effect after Mr Bazzi lodged his application, and instead focused on the policy in force at the time of application.

Ultimately, the Tribunal was not satisfied that Mr Bazzi had a permanent or enduring physical or mental incapacity at the time of his application that prevented him from understanding the application, demonstrating basic English knowledge, or demonstrating adequate knowledge of Australia and its citizenship requirements. Accordingly, the Tribunal affirmed the reviewable decision to refuse Mr Bazzi's application for Australian citizenship.