Supini and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral made by an Indonesian citizen who had been a permanent resident since 2017. The applicant had applied under the general eligibility provisions of the Australian Citizenship Act 2007 (Cth). The Minister refused the application because the applicant had failed the citizenship test on nine occasions. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the knowledge requirements for citizenship by conferral under the Act, specifically the requirement to successfully complete an approved citizenship test. The applicant contended that she was illiterate and, despite having a basic knowledge of English, was incapable of passing the test, which she argued required a more sophisticated level of English than stipulated by the legislation.

Member Henderson found that while the applicant possessed a basic knowledge of the English language and demonstrated an understanding of the responsibilities and privileges of citizenship, the Act stipulated that the knowledge requirements were satisfied "if and only if" the applicant successfully completed the citizenship test. The Tribunal noted that it had no discretion to waive this requirement under the general eligibility provisions. Despite acknowledging the significant challenge posed by adult illiteracy and the applicant's genuine desire to become a citizen, the Tribunal was bound by the legislative framework.

The Tribunal set aside the Minister's decision and remitted the matter for reconsideration. This remittal was based on the finding that the applicant did possess a basic knowledge of the English language, but the Tribunal was unable to be satisfied that she met the criterion of successfully completing the citizenship test, as required by the Act. The Tribunal noted that the applicant had been offered an assisted test, which she had rejected, and that there was no impediment to her re-applying after further efforts to improve her English skills.