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

This matter concerned an application for Australian citizenship by conferral made by Mr El Mokdad, which was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. Mr El Mokdad sought review of this decision before the Administrative Appeals Tribunal. The central dispute revolved around whether Mr El Mokdad suffered from a permanent or enduring physical or mental incapacity that would exempt him from the requirement to pass the citizenship test.

The Tribunal was required to determine whether Mr El Mokdad had a permanent or enduring physical or mental incapacity that rendered him incapable of understanding the nature of his citizenship application, demonstrating a basic knowledge of English, or showing adequate knowledge of Australia and its citizenship responsibilities and privileges. Specifically, the Tribunal had to assess whether Mr El Mokdad's major depressive disorder prevented him from learning English to the required standard.

The Tribunal considered evidence from medical practitioners, including Dr Banks, who conducted comprehensive testing. While acknowledging Mr El Mokdad suffered from severe depression and received ongoing psychiatric and psychological care, the Tribunal was not satisfied that this condition constituted a permanent or enduring incapacity. The Tribunal noted that the depression did not appear to impact his ability to retain information, and despite his claims of difficulty learning English, evidence such as his successful completion of the NSW driver's licence test (albeit after numerous attempts) and his ability to manage daily tasks like shopping and driving, suggested a level of functional capacity. Furthermore, the Tribunal found that the medical evidence did not establish that his incapacity was the direct cause of his inability to meet the English language requirement.

Ultimately, the Tribunal was not satisfied that Mr El Mokdad met the criteria for an exemption from the citizenship test due to a permanent or enduring mental incapacity. Consequently, the Tribunal affirmed the delegate's decision to refuse Mr El Mokdad's application for Australian citizenship by conferral.