Chand (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Chand for a Subclass 155 (Five Year Resident Return) visa. The dispute centred on whether Mr. Chand met the criteria set out in clause 155.212 of the Migration Regulations 1994 at the time he lodged his visa application.

The Tribunal was required to determine if Mr. Chand satisfied any of the alternative requirements under clause 155.212. Specifically, the Tribunal examined whether he met subclause 155.212(2) concerning lawful presence in Australia for a specified period, subclause 155.212(4) relating to being a family member of a Subclass 155 visa holder, and subclause 155.212(3) concerning substantial ties to Australia for applicants outside the country.

The Tribunal found that Mr. Chand did not meet subclause 155.212(2) as he had only been lawfully present in Australia for 278 days as a permanent resident within the five years preceding his application, which is less than the required two years. Furthermore, he did not satisfy subclause 155.212(4) because his wife's Subclass 155 visa was granted after he lodged his own application, meaning he was not a family member of a current Subclass 155 visa holder at the relevant time. The Tribunal indicated that Mr. Chand was seeking to rely on subclause 155.212(3) regarding substantial ties to Australia, but the decision focused on the failure to meet the other subclauses.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that Mr. Chand met the criteria under clause 155.212 of Schedule 2 to the Regulations.