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

This matter concerned an application for Australian citizenship by conferral by Mr Oruzgani, who had his application refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute centred on whether Mr Oruzgani had been afforded a reasonable opportunity to sit the citizenship test and whether he suffered from a permanent or enduring mental incapacity at the time of his application. The case was heard by Ms Anna E Burke Ao M.

The legal issues before the Tribunal were whether Mr Oruzgani satisfied the requirements of sections 21(2)(d)-(f) and 21(2A) of the *Australian Citizenship Act 2007* (Cth), specifically whether he had a reasonable opportunity to sit the test, and whether he met the criteria under section 21(3)(d) of the Act, which relates to having a permanent or enduring mental incapacity at the time of his application.

The Tribunal found that while Mr Oruzgani did not have a permanent or enduring incapacity at the precise moment he lodged his application, he did develop such an incapacity by the time he was eventually offered an opportunity to sit the citizenship test. The Tribunal determined that the significant delay by the Department in processing his application, which took two years before further information was sought, meant Mr Oruzgani was not in control of when he could sit the test. Given this delay and the subsequent medical evidence of his enduring incapacity, the Tribunal concluded he had not been afforded a reasonable opportunity to pass the test and should have been offered an assisted test.

Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the Department with a direction to invite Mr Oruzgani to sit an assisted citizenship test.