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

The applicant, Mr. Mohamed, sought Australian citizenship under the general eligibility provisions of the *Australian Citizenship Act 2007* (Cth). His application was refused by the Minister for Immigration, Citizenship, and Multicultural Affairs, a decision that Mr. Mohamed sought to have reviewed. The matter came before Senior Member A. Nikolic, AM CSC.

The central legal issue before the Tribunal was whether the applicant met the eligibility requirements for the conferral of Australian citizenship, specifically in light of his failure to pass the citizenship test. The Tribunal was required to consider the application of the Citizenship Policy to the applicant's circumstances and determine if his failure to pass the test precluded him from being granted citizenship.

The Tribunal affirmed the Minister's decision, finding that the applicant had not satisfied the requirements for the conferral of citizenship. The reasoning applied was that the Citizenship Policy, which was relevant to applications made under the general eligibility provisions, stipulated that an applicant must pass the citizenship test. As the applicant had failed to do so, he did not meet the criteria for citizenship.