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

This matter concerned an application for Australian citizenship by conferral made by Mr Sleiman, who had his application refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute centred on whether Mr Sleiman satisfied the eligibility requirement of suffering from a permanent or enduring physical or mental incapacity, and whether there was a sufficient connection between such an incapacity and the specific incapacities relevant at the time of his application. The decision was made by M Griffin QC SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr Sleiman met the criteria stipulated in section 21(3)(d) of the relevant Act. This involved assessing whether he suffered from a permanent or enduring physical or mental incapacity, and crucially, whether this incapacity directly resulted in the incapacities that were relevant to his citizenship application at the time it was made.

The Tribunal accepted the medical opinion that Mr Sleiman suffered from a permanent incapacity. It reasoned that the applicant's ability to work to some extent, as described in his evidence, was not inconsistent with the medical diagnosis. Consequently, the Tribunal was satisfied that Mr Sleiman's permanent incapacity was the cause of the relevant incapacities he experienced at the time of his application. The Tribunal therefore found that Mr Sleiman satisfied the requirements for Australian citizenship under section 21(3)(d) of the Act.

The Tribunal set aside the reviewable decision and substituted it with a decision that upheld Mr Sleiman's application for citizenship.