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

This case concerned an application for Australian citizenship by conferral made by Mr Et Tash. Mr Et Tash sought an exemption from the general eligibility requirements, specifically the need to demonstrate a basic knowledge of English, on the grounds of a permanent or enduring mental incapacity. The delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused the application, finding that Mr Et Tash had not provided sufficient evidence to satisfy the criteria for this exemption under subsection 21(3) of the *Australian Citizenship Act 2007* (Cth).

The Tribunal was required to determine two issues: first, whether Mr Et Tash had a permanent or enduring physical or mental incapacity at the time he made his citizenship application; and second, if such an incapacity was established, whether there was a causal relationship between that incapacity and his inability to understand the nature of the application, demonstrate a basic knowledge of English, or demonstrate adequate knowledge of Australia and its citizenship responsibilities and privileges. The Tribunal considered the provisions of the Act, relevant policy guidance, and the medical evidence provided by Mr Et Tash.

The Tribunal's reasoning focused on the timing and nature of the medical evidence. It noted that the Citizenship Procedural Instructions require an incapacity to be permanent or enduring at the time of application. The earliest medical report presented, from a cardiologist, was dated approximately nine months after the application and did not provide a definitive diagnosis of a mental health condition, instead suggesting a trial of medication for anxiety. Furthermore, the Tribunal found that this report did not meet the evidentiary requirements as it was not from a specialist in the field of claimed incapacity. Subsequent reports from a psychologist indicated that Mr Et Tash "appears" to meet diagnostic criteria but did not confirm a diagnosis at the time of the application, and one specialist later confirmed Mr Et Tash did not take the prescribed anxiety medication. Consequently, the Tribunal concluded that the evidence did not establish a permanent or enduring mental incapacity at the time of the application that would satisfy the exemption criteria.

The decision of the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs dated 3 June 2020 was affirmed. The Tribunal noted that Mr Et Tash remained able to reapply for Australian citizenship in the future if he chose to do so.