Mulla Zahi and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application by Mr Mulla Zahi for an extension of time to lodge an application for review of a decision by the Minister to refuse his application for Australian citizenship. The application was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Mulla Zahi had a reasonable excuse for the delay in lodging his application for review, and whether the Tribunal should grant an extension of time. In determining this, the Tribunal was required to consider the merits of the substantive application for citizenship.

The Tribunal reasoned that to be eligible for citizenship under subsection 21(2) of the relevant Act, an applicant must satisfy general eligibility requirements, including possessing a basic knowledge of English and an adequate knowledge of Australia and the responsibilities and privileges of citizenship. Subsection 21(2A) of the Act stipulates that these requirements are met by successfully completing a citizenship test. The evidence before the Tribunal indicated that Mr Mulla Zahi had attempted the citizenship test on three separate occasions and failed each time. Consequently, the Tribunal concluded that Mr Mulla Zahi was unable to meet the general eligibility requirements for citizenship. This lack of success in the substantive application was considered a significant factor weighing against the granting of an extension of time.

The Tribunal was not satisfied that it was reasonable in the circumstances to grant the extension of time. Accordingly, the application for an extension of time was refused.