Lazar and Minister for Immigration and Border Protection (Citizenship)

The applicant, Lazar, sought judicial review of a decision by the Minister for Immigration and Border Protection to affirm a refusal to grant Australian citizenship. The dispute arose from Lazar's failure to pass the citizenship test, which is a mandatory requirement for the conferral of Australian citizenship. The matter was heard by SM Griffin QC.

The primary legal issue before the Court was whether the delegate's decision to affirm the refusal of citizenship was affected by an error of law. This involved determining whether the delegate had properly considered the evidence before them, particularly in relation to the applicant's understanding of the nature of the application, their basic knowledge of the English language, and their adequate knowledge of Australia and the responsibilities and privileges of Australian citizenship, as required by the *Australian Citizenship Act 2007* (Cth).

SM Griffin QC affirmed the delegate's decision, finding that the delegate had correctly applied the relevant provisions of the *Australian Citizenship Act 2007* and the *Australian Citizenship Regulations 2019* (Cth). The Court was satisfied that the delegate had adequately considered all the evidence, including the applicant's performance in the citizenship test and any supporting documentation. The delegate's conclusion that the applicant had failed to demonstrate the requisite knowledge and understanding was found to be open on the evidence.