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

This matter concerned an application for Australian citizenship by conferral, brought by Mr Weldemichael against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant had not passed the citizenship test, citing a medical condition which he claimed did not substantially impair him. The Tribunal was required to consider the eligibility of persons under 18 years of age and the exercise of discretion in refusing citizenship for other minor applicants, referencing the Citizenship Policy and the United Nations Convention on the Rights of the Child.

The central legal issues before the Tribunal were whether the applicant met the eligibility requirements for Australian citizenship by conferral, particularly in light of his failure to pass the citizenship test. The Tribunal also had to consider the application of the United Nations Convention on the Rights of the Child, specifically the "best interests of the children" principle, and whether any significant hardship or disadvantage would be suffered by the applicant. The Tribunal was guided by the provisions of the *Citizenship Act 1948* (Cth) and relevant Citizenship Policies.

The Tribunal reasoned that while the United Nations Convention on the Rights of the Child provides for certain entitlements for minors, these generally do not present issues in citizenship applications, especially for permanent residents who already have access to essential services. The Tribunal noted that the *Citizenship Act* requires the Minister to approve or refuse an application under section 24(1) and does not permit deferral. Eligibility for citizenship under section 21(2) includes requirements such as being 18 or over, being a permanent resident, satisfying residence requirements, understanding the application, possessing basic English language knowledge, having adequate knowledge of Australia and its privileges and responsibilities, intending to reside in Australia or maintain a close association, and being of good character. Crucially, sections 21(2)(d), (e), and (f) are satisfied if the Minister is satisfied that the applicant has sat, was eligible to sit, and successfully completed an approved citizenship test within the specified period. The Tribunal found that the applicant's failure to pass the citizenship test meant he did not satisfy these mandatory requirements for eligibility.

The Tribunal affirmed the decision to refuse the application for Australian citizenship.