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

This matter concerned an application for Australian citizenship by conferral made by Mrs Jayshree Mitesh Waghela. The applicant sought review of a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs' decision to refuse her application. The applicant had arrived in Australia over 13 years prior and had held various visas before applying for citizenship in August 2022. The core of the dispute was the applicant's repeated failure to pass the mandatory citizenship test.

The legal issues before the Tribunal were whether the applicant satisfied the requirements for the grant of Australian citizenship, specifically concerning her knowledge of Australia and the responsibilities and privileges of citizenship, and whether the Tribunal should exercise discretion to allow her further opportunities to sit the citizenship test. The applicant contended that her performance in practice tests and her final actual test score demonstrated significant improvement, warranting further consideration.

The Tribunal, presided over by Theodore Tavoularis SM, found that the applicant had failed the citizenship test on three separate occasions. The applicant's scores, particularly in the "Australian Values" component, were consistently low. The Tribunal considered the Citizenship Procedural Instructions (CPI), which allow for further test appointments in circumstances where an applicant's scores have improved. However, the Tribunal concluded that the applicant's performance did not demonstrate the necessary improvement to justify further opportunities. The Tribunal noted that the applicant's average scores across her three sittings did not show a clear or significant upward trend that would warrant deviating from the standard process.

Consequently, the Tribunal determined that the applicant had not satisfied the criteria for the grant of Australian citizenship by conferral, and the delegate's decision to refuse the application was affirmed.