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

This matter concerned an application for Australian citizenship by conferral made by Ms Yaqo. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had refused to approve the application, leading Ms Yaqo to seek review before the Administrative Appeals Tribunal. The central dispute revolved around whether Ms Yaqo met the criteria for an exemption from the citizenship test due to a permanent or enduring mental incapacity at the time of her application.

The Tribunal was required to determine if Ms Yaqo satisfied section 21(3)(d) of the *Citizenship Act 2007* (Cth). This involved assessing whether she possessed a permanent or enduring mental incapacity at the time of her application that rendered her incapable of understanding the nature of the application, demonstrating a basic knowledge of English, or demonstrating an adequate knowledge of Australia and the responsibilities and privileges of citizenship. The Tribunal also had to consider whether there was a clear causal connection between any such incapacity and her inability to meet these requirements.

The Tribunal found, based on extensive medical evidence from specialist practitioners, that Ms Yaqo did suffer from a permanent and enduring mental incapacity at the time of her citizenship application. This conclusion was supported by diagnoses of Major Depressive Disorder with anxious distress features and Obsessive-Compulsive Disorder, as well as Adjustment Disorder with mixed anxiety and depressive symptoms. Crucially, the Tribunal was satisfied that this mental incapacity was a direct cause of her inability to learn English, thereby fulfilling the criteria under section 21(3)(d) for an exemption from the citizenship test. Consequently, the Tribunal set aside the Minister's decision and found that Ms Yaqo qualified for the exemption.