Citizenship Test 'illegal'

The Age

Friday May 30, 2008

Misha Schubert

THE Australian citizenship test imposed last year may be illegal because it takes more than a basic grasp of English to pass, according to one of the nation's top barristers.

Amid an official review of the test after a drop in citizenship applications, Bret Walker, SC, has questioned the legality of the scheme on the basis of the literacy and language skills required.

In a brief of formal legal advice to Victorian Liberal MP Petro Georgiou, who has objected to the new test since it was first mooted by the Howard government, Mr Walker noted the law requires an applicant to have only a basic knowledge of English.

But he cited evidence from two linguistics experts that applicants with only basic English would not be able to pass the test, making it invalid.

"It follows that the minister should ensure that it is altered so as to remove an unlawful impediment to applicants, satisfying the minister of an essential criterion for their eligibility to become Australian citizens."

Mr Georgiou has used the brief to argue that there is a clear case that the English language proficiency required for the new test is too high.

The review, headed by Richard Woolcott, a former secretary of the Department of Foreign Affairs and Trade, is due to report within months.

Citizenship Minister Chris Evans yesterday said the probe would take into account both the level of English required and the specific questions asked. -- MISHA SCHUBERT

© 2008 The Age

Back to News Index | Back to Home