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

This matter concerned an application for review by the applicant, Ms. Zahidy, of a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse her application for Australian citizenship. Ms. Zahidy had applied for citizenship using Form 1300t, which is associated with the "general eligibility" criteria under section 21(2) of the *Australian Citizenship Act 2007* (Cth). However, she subsequently claimed to suffer from a permanent or enduring mental impairment, which would typically fall under section 21(3) of the Act and require the use of Form 1290. The Administrative Appeals Tribunal (AAT) was required to determine the scope of its review jurisdiction.

The central legal issue before the Tribunal was whether it had jurisdiction to review the delegate's decision in relation to the criteria under section 21(3) of the Act, despite the applicant having used the incorrect form for that specific ground of eligibility. The Minister contended that the use of the correct application form, as approved by the Minister, was mandatory and that the Tribunal's jurisdiction was limited to reviewing the decision as it was originally made by the delegate, based on the application as submitted.

The Tribunal, applying principles of administrative law, reasoned that it could not change the nature of the decision that was before the original decision-maker. While acknowledging that the Minister's suggestion to withdraw the initial application and submit a new one using Form 1290 was the appropriate course for Ms. Zahidy to pursue her claim under section 21(3), the Tribunal found that its scope of review was confined to the decision made under section 21(2) of the Act. Consequently, the Tribunal concluded that it did not have jurisdiction to review the decision concerning the physical or enduring mental incapacity criteria under section 21(3).