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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse citizenship to the applicant, Ms Yusefi. The primary dispute revolved around the applicant's failure to pass the Australian Citizenship Test, despite multiple attempts. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the delegate's decision to affirm the refusal was correct.

The legal issues before the Tribunal were whether the applicant had satisfied the requirements of the *Australian Citizenship Act 2007* (Cth) concerning the passing of the Australian Citizenship Test, and whether the delegate had correctly applied departmental instructions and relevant case law in reaching their decision. Specifically, the Tribunal considered the circumstances under which an applicant might be granted further opportunities to sit the test, and whether the applicant's claimed lack of education and hardships constituted a permanent or enduring physical or mental incapacity that would exempt her from the test requirement.

The Tribunal reasoned that departmental instructions generally permit refusal of an application if an applicant fails the test on their third attempt, though further attempts may be granted in specific circumstances, such as improving scores or notification issues. The Tribunal noted that the applicant had been given 14 opportunities to sit the test over a nine-month period without success. It found no evidence to suggest that any of the exceptional circumstances allowing for further test appointments applied to the applicant's situation. The Tribunal also referred to the Federal Court decision in *Minister for Home Affairs v Zadeh (No. 2) [2018] FCA 1828*, which clarified that the Minister is not prevented from making a decision even if an applicant wishes to re-sit the test.

The Tribunal affirmed the delegate's decision, concluding that the applicant had been afforded more than adequate opportunities to pass the Australian Citizenship Test and that the delegate's decision was the correct and preferable one in the circumstances.