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

This matter concerned an application for Australian citizenship by conferral. The applicant, Mr. Dostkam, had lodged an application for general eligibility citizenship and subsequently a second application under "other situations" after failing the citizenship test multiple times. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs opposed the application. The case was heard by Linda Kirk SM.

The primary legal issues before the Tribunal were whether the applicant's first citizenship application remained valid, and if so, whether he was exempt from the citizenship test due to permanent or enduring physical or mental incapacity. The Tribunal also had to determine the validity of the second application lodged by the applicant.

The Tribunal found that the applicant's first application, lodged on 25 August 2014, was valid and had not been superseded by his second application, which was deemed invalid for not being accompanied by the required fee. The Tribunal accepted the applicant's evidence that he had not received a refund of $20 as suggested by departmental records. Consequently, the Tribunal set aside the decision under review and directed that the applicant's valid first citizenship application be reconsidered with reference to the general eligibility criteria under subsection 21(2) of the Act. This included an opportunity for the applicant to sit the citizenship test again within 28 days of the decision.