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

The Administrative Appeals Tribunal (AAT) considered the application of an Afghan citizen, the Applicant, for Australian citizenship by conferral. The Applicant applied under the general eligibility provisions of the *Australian Citizenship Act 2007* (Cth). The Minister for Immigration, Citizenship, and Multicultural Affairs, the Respondent, had refused the application because the Applicant had not successfully completed the mandatory citizenship test. The Applicant sought a review of this refusal decision by the Tribunal.

The primary legal issue before the Tribunal was whether the Applicant met the knowledge requirements for Australian citizenship as stipulated by the Act. Specifically, the Tribunal had to determine if the Applicant's repeated failure to pass the citizenship test, despite multiple attempts, precluded her from being granted citizenship under the general eligibility provisions. The Tribunal also considered whether any exemptions to the test requirement might apply, although the application was not made on such grounds.

The Tribunal reasoned that the *Australian Citizenship Act 2007* requires applicants under the general eligibility provisions to demonstrate their understanding of the nature of the application, basic English language proficiency, and adequate knowledge of Australia and the responsibilities and privileges of citizenship. The Act specifies that these knowledge requirements are satisfied "if and only if" the person successfully completes a citizenship test. The Applicant had attempted the test on seven occasions across four appointments but had not passed, with most attempts being completed in very short times, suggesting a lack of engagement with the material. The Tribunal noted that it had no discretion to waive the test requirement and that the Applicant had been afforded sufficient opportunities to comply. The Tribunal was unpersuaded that an assisted test, which offers additional time, would alter the outcome given the Applicant's test-taking behaviour.

Consequently, the Tribunal affirmed the Respondent's decision to refuse the Applicant's application for Australian citizenship. The Tribunal found that the Applicant had not met the mandatory requirement of passing the citizenship test, and there was no evidence to support an exemption on medical grounds under the general eligibility provisions.