Chai (Migration)

This matter concerned an application for a Subclass 155 (Five Year Resident Return) visa by an applicant who was outside Australia at the time of application. The applicant sought to satisfy the "substantial ties" criterion under subclause 155.212(3) of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant possessed substantial business, cultural, employment, or personal ties with Australia that were of benefit to Australia, and whether other residency and absence requirements were met.

The Tribunal found that the applicant had resided in Australia for approximately 15 years between 1997 and 2012, during which time they pursued study and employment. While the applicant had been absent from Australia for periods exceeding four years in total, the Tribunal was satisfied that the applicant had two Australian-born and citizen sons, aged 16 and 14, who intended to complete their education in Australia. The Tribunal also noted the applicant's brother, Sing Hai Chai, resided permanently in Melbourne with his family.

Based on these findings, the Tribunal concluded that the applicant met the criteria under subclause 155.212 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the specified criteria for the visa.