Kozal and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral by Mr Kozal, who sought an exemption from the citizenship test due to a claimed permanent or enduring mental incapacity. The Minister for Immigration and Border Protection refused the application, and Mr Kozal sought review of that decision before the Tribunal.

The sole legal issue before the Tribunal was whether Mr Kozal satisfied the criteria specified in section 21(3)(d) of the *Citizenship Act*, which provides an exemption from the citizenship test for individuals with a permanent or enduring mental incapacity. If the Tribunal found that Mr Kozal did not meet these criteria, the decision under review would be affirmed, meaning he would be required to sit and pass the citizenship test.

The Tribunal considered evidence from Mr Kozal regarding his experiences of being kidnapped in Iraq in 2009, witnessing executions, and subsequent psychological distress. While letters from his treating psychiatrist, Dr Leo Tsang, were before the Tribunal, Dr Tsang was unavailable to give evidence. The Tribunal noted that Dr Tsang's letters described Mr Kozal as depressed, withdrawn, irritable, experiencing intrusive flashbacks and nightmares, and having difficulty concentrating and sleeping since his ordeal. However, the Tribunal found that the evidence did not establish that Mr Kozal suffered from a permanent or enduring mental incapacity as required by the legislation.

Consequently, the Tribunal found that Mr Kozal had not fulfilled the criteria set out in section 21(3)(d) of the *Citizenship Act*. The decision under review was therefore affirmed, meaning Mr Kozal would be required to sit and pass the citizenship test if he wished to proceed with his application for Australian citizenship.