Anthony (Migration)

This matter concerned an application for a Subclass 155 (Five Year Resident Return) visa, brought before the Tribunal by the applicant. The central dispute revolved around whether the applicant met the criteria for this visa, specifically concerning substantial ties to Australia and compelling reasons for a prolonged absence. The applicant's most recent permanent visa had been granted more than 30 years prior to the application.

The Tribunal was required to determine whether the applicant satisfied the requirements of subclause 155.212(3A) of the Migration Regulations 1994. This involved assessing whether the applicant, who was in Australia at the time of application, possessed substantial business, cultural, employment, or personal ties with Australia that were of benefit to the country. Additionally, the Tribunal had to consider whether there were "compelling reasons" for the applicant's absence from Australia for a continuous period of five years or more since the grant of their last permanent visa.

In its reasoning, the Tribunal found that the applicant did indeed have substantial personal ties with Australia that were of benefit to the country, primarily due to her Australian citizen son and re-established friendships. The Tribunal also considered the meaning of "compelling reasons" for absence, referencing Federal Court authority that defines "compelling" in its ordinary, forceful sense, not necessarily limited to involuntary circumstances. The Tribunal concluded that the applicant's circumstances, including support for her elderly father following her mother's death and financial difficulties, constituted compelling reasons for her absence.

Consequently, the Tribunal remitted the application for a Return (Residence) (Class BB) visa for reconsideration. The direction was that the visa applicant meets the criteria set out in cl.155.212(3A) of Schedule 2 to the Regulations.