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

The Administrative Appeals Tribunal (AAT) considered the application for Australian citizenship by conferral made by MLBR. MLBR had applied for citizenship on two occasions, failing the citizenship test multiple times. On his second application, he claimed to have a permanent or enduring physical or mental incapacity that prevented him from undertaking the test. The delegate of the Minister refused the application, and MLBR sought review of this decision by the AAT.

The primary legal issue before the Tribunal was whether MLBR met the criteria for an exemption from the citizenship test under section 21(3)(d) of the *Australian Citizenship Act 1948* (Cth). This section requires an applicant to demonstrate a permanent or enduring physical or mental incapacity at the time of their application that renders them incapable of understanding the application, demonstrating basic English knowledge, or demonstrating adequate knowledge of Australia and its citizenship responsibilities and privileges. The Tribunal also considered the evidence regarding MLBR's mental health, including reports from psychiatrists, and the timing of any alleged incapacity in relation to his application date.

The Tribunal's reasoning focused on the specific wording of section 21(3)(d), which requires the incapacity to be present at the time the application was made. While medical evidence, particularly from Dr. Abdul Khalid, indicated that MLBR suffered from depressive disorder and PTSD, and that he currently had no ability to learn English or prepare for the citizenship test, the Tribunal found that this incapacity was not established as permanent or enduring at the time of his second application on 12 June 2018. Dr. Khalid's evidence suggested a temporary improvement in MLBR's condition between April and July 2018, followed by a decline. Crucially, the Tribunal was unable to find that the specific requirements of section 21(3)(d) were met on the date of the application.

The Tribunal affirmed the delegate's decision to refuse the application for Australian citizenship.