Re: Mohamad DibAPPLICANTAnd Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter concerned an application for Australian citizenship by conferral made by the Applicant, Mohamad Dib, against a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute centred on whether the Applicant had successfully completed a test approved under a determination made pursuant to section 23A of the *Australian Citizenship Act 2007* (Cth), specifically Ministerial Determination LIN 20/085, which came into force shortly before the Applicant's final test attempts. The decision was made by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Applicant met the requirements of section 21(2)(d)-(f) of the *Australian Citizenship Act 2007* (Cth), which mandated the successful completion of an approved test. The Applicant argued that he should be assessed under the criteria in force prior to 15 November 2020, the date the new Determination came into effect, as he had prepared for the earlier requirements. The Tribunal was also presented with evidence of the Applicant's personal circumstances, including his wife's medical conditions, his role as a carer, his job loss due to the pandemic, and his efforts to learn English and prepare for the test, as well as a lack of departmental assistance.

The Tribunal acknowledged the Applicant's sympathetic circumstances and the delay in his assessment, which resulted in him facing stricter test requirements. However, the Tribunal found no discretion within the Act or the Determination to allow for assessment under the previous criteria. As the Applicant sat the test after the commencement of Ministerial Determination LIN 20/085, he was required to satisfy its terms. Despite his efforts and personal challenges, the Applicant did not achieve a passing score on the test as required by the Determination. The Tribunal concluded that the Applicant's personal circumstances and lack of departmental assistance were not relevant considerations under the legislation.

Consequently, the Tribunal affirmed the reviewable decision to refuse the Applicant’s application for citizenship. It was not disputed that the Applicant failed to successfully complete a test approved under section 23A of the Act, and therefore, he did not satisfy the criteria set out in section 21(2)(d), (e), and (f) of the *Australian Citizenship Act 2007* (Cth).