Jawad and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

The Administrative Appeals Tribunal considered the application of Mr Jawad, who sought review of the Minister for Immigration, Citizenship and Multicultural Affairs' decision to refuse his application for Australian citizenship by conferral. The refusal was based on Mr Jawad's failure to pass the compulsory citizenship test.

The Tribunal was required to determine whether the delegate's decision to refuse citizenship was the correct or preferable decision. This involved considering whether Mr Jawad had met the requirements for an assisted test or an exemption from the test, and whether he had been afforded a reasonable opportunity to sit the standard test with appropriate assistance.

The Tribunal found that Mr Jawad had not been provided with a reasonable opportunity to sit the standard citizenship test with the necessary assistance. The delegate had incorrectly concluded that Mr Jawad did not meet the criteria for an assisted test or an exemption. Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the Department for reconsideration, with directions to afford Mr Jawad the opportunity to sit the test with appropriate assistance.