Sahar and Minister for Home Affairs (Citizenship)

The applicant, Sahar, sought review of a decision by the Minister for Home Affairs concerning his eligibility for Australian citizenship. The core of the dispute revolved around whether Sahar qualified for an exemption from the citizenship test due to a permanent or enduring mental incapacity. The matter was heard by Linda Kirk SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Sahar suffered from a permanent or enduring mental incapacity at the time of his citizenship application, and if so, whether there was a clear causal connection between this incapacity and his inability to demonstrate a basic knowledge of the English language, as required by section 21(3)(d) of the *Citizenship Act 2007* (Cth). The Tribunal also needed to consider the weight to be given to various medical reports submitted by the applicant.

The Tribunal found, based on the evidence of Consultant Psychiatrist Dr. Hecham Alhajali, that Sahar did indeed suffer from a permanent and enduring mental incapacity with cognitive deficits, which was chronic and unlikely to improve. This finding was supported by Dr. Alhajali's reports and his oral evidence, and the Tribunal was satisfied that Sahar had been seen by Dr. Alhajali on a regular basis, as anticipated by the Citizenship Policy. The Tribunal concluded that the evidence established a causal connection between Sahar's mental incapacity and his inability to demonstrate a basic knowledge of the English language.

Consequently, the Tribunal set aside the decision under review and substituted a new decision finding that Sahar qualified for an exemption from undertaking the Australian Citizenship Test under section 21(3)(d) of the Act.