El Cheikh and Minister for Home Affairs (Citizenship)

This matter concerned an application for Australian citizenship by Mr El Cheikh, a Lebanese national who arrived in Australia in 2005. Mr El Cheikh sought an exemption from the Australian Citizenship Test, asserting a permanent or enduring physical or mental incapacity that rendered him unable to understand the nature of his application or demonstrate adequate knowledge of Australia and its citizenship requirements. He suffers from major depressive disorder, persistent depressive disorder, panic disorder, and fibromyalgia, conditions diagnosed around August 2014. The Minister for Home Affairs contended that Mr El Cheikh's incapacity did not causally link to his ability to understand the application or demonstrate the requisite knowledge.

The Administrative Appeals Tribunal was required to determine whether Mr El Cheikh possessed a permanent or enduring physical or mental incapacity that prevented him from understanding the nature of his citizenship application or from demonstrating an adequate knowledge of Australia and the responsibilities and privileges of citizenship, as stipulated by section 21(3)(d) of the *Australian Citizenship Act 2007*. The Tribunal also considered whether there was a causal connection between his diagnosed conditions and these specific incapacities.

The Tribunal found that the medical evidence, including reports from a Clinical Psychologist and a Consultant Rheumatologist, supported Mr El Cheikh's claims. The psychologist noted that his depressive symptoms had worsened, significantly decreasing his cognitive functioning and ability to perform mentally straining tasks, and described his condition as enduring and unlikely to change. The rheumatologist confirmed severe fibromyalgia and depression, leading to significant cognitive and memory impairment that would make learning information difficult and the citizenship test challenging. Based on this evidence, the Tribunal concluded that Mr El Cheikh's mental incapacity meant he was not capable of demonstrating an adequate knowledge of Australia and the responsibilities and privileges of citizenship at the time he made his application.

Consequently, the Tribunal set aside the decision under review and remitted the matter to the Minister with a direction that Mr El Cheikh qualified for an exemption from undertaking the Australian Citizenship Test under section 21(3)(d)(iii) of the *Australian Citizenship Act 2007*.