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

This matter concerned an application for Australian citizenship by conferral by a citizen of Iraq, who held a refugee visa. The applicant sought to rely on an exemption from the citizenship knowledge requirements under subsection 21(3)(d) of the *Australian Citizenship Act 2007* (Cth), alleging a permanent or enduring physical or mental incapacity. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs affirmed the delegate's decision to refuse the application. The case was heard by Emeritus Professor P A Fairall, Senior Member.

The primary legal issue before the Tribunal was whether the applicant had a permanent or enduring physical or mental incapacity that rendered him unable to satisfy the knowledge requirements for Australian citizenship, or to undertake the assisted test. This required an assessment of the medical evidence presented by the applicant, including reports detailing dyslexia, anxiety, depression, and post-traumatic stress disorder, in light of the criteria set out in the Citizenship Policy.

The Tribunal considered the medical reports, including those from a psychiatrist, general practitioner, radiologist, and an associate member of the Australian Dyslexia Association. Despite acknowledging some language and learning difficulties, the Tribunal found the evidence insufficient to establish a permanent or enduring incapacity. This conclusion was informed by the applicant's demonstrable success as a businessman, his ability to obtain and maintain a heavy vehicle driver's licence, and the lack of objective testing or evidence of treatment for the alleged impairments. The Tribunal noted that the applicant's achievements were difficult to reconcile with a claim of being incapable of undertaking the citizenship test or acquiring the necessary knowledge. The Tribunal also referred to the Citizenship Policy, which stipulates that an incapacity must be permanent or sufficiently long-term as to be enduring, and that temporary conditions do not qualify.

The Tribunal affirmed the delegate's decision, finding that the applicant had not satisfied the requirements of subsection 21(3) of the *Australian Citizenship Act 2007*. The applicant was encouraged to undertake further English language tuition, which would make the assisted test a viable pathway for him to achieve citizenship.