Mohebi and Minister for Home Affairs (Citizenship)

The Administrative Appeals Tribunal (AAT) considered the application of Mrs. Mohebi for Australian citizenship by conferral, specifically whether she met the criteria for an exemption from the citizenship test due to a permanent or enduring mental incapacity at the time of her application. The dispute centred on whether the medical evidence supported the claim that Mrs. Mohebi suffered from such an incapacity at the relevant time, which would exempt her from demonstrating a basic knowledge of English, understanding the nature of the application, and possessing adequate knowledge of Australia and its citizenship responsibilities and privileges. The Tribunal also reviewed the applications of three children under 16, Hamidulla, Noorullah, and Haseebullah Mohebi, who had applied for citizenship in their own right.

The primary legal issue before the Tribunal was to determine if Mrs. Mohebi had a permanent or enduring mental incapacity at the time she lodged her citizenship application in 2014, as contemplated by section 21(3)(d) of the *Australian Citizenship Act 2007* (Cth). This section provides an exemption from the citizenship test requirements if an applicant's incapacity prevents them from understanding the nature of the application, demonstrating basic English language knowledge, or showing adequate knowledge of Australia and its citizenship. A secondary issue concerned the applications of the three minor children, requiring the Tribunal to consider whether their applications had been assessed individually and in accordance with the relevant policy concerning children under 16 applying in their own right, particularly regarding the consent and status of their responsible parent.

The Tribunal reasoned that while medical evidence from 2018 indicated Mrs. Mohebi suffered from major depressive disorder and anxiety, with compromised memory and concentration, this evidence did not establish that she had a permanent or enduring mental incapacity at the time of her 2014 application. The Tribunal noted that Mrs. Mohebi had not reported any mental health issues or sought medical treatment until 2018, and had not raised any special considerations when lodging her application. Consequently, the Tribunal affirmed the decision to refuse Mrs. Mohebi's application. Regarding the children's applications, the Tribunal found that the delegate had not considered them individually as required, particularly concerning the father's status as an Australian citizen and his consent. Therefore, the Tribunal set aside the delegate's decision for the three children and remitted their applications for reconsideration by the Minister.