Yalda and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for review by the Applicant of the delegate's decision to refuse her application for Australian citizenship by conferral. The delegate had assessed the Applicant's eligibility against the general criteria set out in section 21(2) of the *Australian Citizenship Act 2007* (Cth). The Applicant had sat the approved citizenship test on eight occasions between April 2017 and October 2017, failing to successfully complete it each time. The review was heard by M Griffin QC SM.

The primary legal issue before the court was whether the Applicant was entitled to citizenship based on the general eligibility criteria, specifically whether she satisfied the requirement to possess a basic knowledge of the English language and an adequate knowledge of Australia and the responsibilities and privileges of citizenship, which are assessed through a mandatory test. A secondary issue arose concerning whether the Applicant should be afforded another opportunity to sit the citizenship test, despite the delegate's contention that she should not.

The court determined that the Applicant was unable to be considered under the general eligibility criteria because she had failed to pass the mandatory citizenship test. The court found that passing this test was a prerequisite for satisfying the criteria under section 21(2) of the Act. Consequently, the court concluded that the primary question regarding eligibility under the general criteria could be disposed of immediately. The court also noted that there was no evidence before the delegate suggesting the Applicant might satisfy other categories of eligibility, such as those relating to permanent or enduring mental or physical incapacity. The court found no reason to impose a limitation on the Applicant's ability to re-sit the test, but this did not alter the outcome as she had failed to meet the fundamental requirement of passing the test.