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

This matter concerned an application for Australian citizenship by conferral made by Mr Rabbani, which was refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. Mr Rabbani sought a review of this refusal decision before the Administrative Appeals Tribunal. The dispute centred on whether Mr Rabbani had satisfied the requirements of paragraphs 21(2)(d), (e), and (f) of the *Australian Citizenship Act 1948* (Cth), which relate to understanding the application, possessing basic English language knowledge, and having adequate knowledge of Australia and the responsibilities and privileges of citizenship.

The primary legal issue before the Tribunal was whether it had the discretion to consider Mr Rabbani's reasons for failing to attend scheduled appointments to sit and complete the citizenship test. The Tribunal was required to determine the effect of subsection 21(2A) of the Act, which stipulates that paragraphs 21(2)(d), (e), and (f) are satisfied "if and only if" the applicant has sat and successfully completed the citizenship test.

The Tribunal reasoned that the wording of subsection 21(2A) was unambiguous and did not grant the Tribunal any discretion to consider an applicant's circumstances or reasons for not completing the test. It affirmed the principle established in *Jaber and Minister for Home Affairs* that the successful completion of the test is a mandatory and exclusive requirement for satisfying these criteria. While acknowledging that Mr Rabbani's overseas travel for family reasons genuinely precluded him from attending one appointment, the Tribunal found that his other explanations for non-attendance were not reasonable, particularly given his long residency in Australia, high education level, and fluency in English. The Tribunal concluded that the failure to find time to study for and attend the test indicated a lack of priority afforded to the value of citizenship.

Consequently, the Tribunal affirmed the decision of the Minister to refuse Mr Rabbani's application for citizenship by conferral.