Demiri and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by the Applicant, a citizen of Macedonia, who had been granted permanent residency in August 2012. The Applicant claimed to have a permanent or enduring mental incapacity at the time of his application on 19 November 2014, as a basis for eligibility under section 21(3) of the Act. The Minister for Immigration and Border Protection contended that the evidence did not demonstrate such an incapacity. The decision was made by Dr Gordon Hughes, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Applicant had a permanent or enduring physical or mental incapacity at the time of his citizenship application, as required by section 21(3)(d) of the Act. This criterion necessitates that the person be incapable of understanding the nature of the application, demonstrating a basic knowledge of English, or showing adequate knowledge of Australia and its citizenship responsibilities and privileges. The Tribunal was required to assess the medical evidence provided by a consultant psychiatrist and psychologists, alongside the Applicant's own statements and other available information, to determine if this threshold was met.

The Tribunal reasoned that while the Applicant presented with cognitive difficulties, including poor reading and writing, it was not sufficiently established that these were due to a permanent or enduring mental incapacity. The Tribunal noted that even one of the Applicant's expert witnesses conceded that the difficulties might be related to a lack of schooling and that the Applicant was capable of holding down certain types of employment. The Applicant himself stated he was employed in a factory stacking pallets, although he could not recall how long he had held the position. Considering the totality of the evidence, the Tribunal was not satisfied that the Applicant met the requirement of having a permanent or enduring mental incapacity at the time of his application. Consequently, the Tribunal affirmed the Minister's decision to refuse the application.