Choi (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 155 (5-year) visa, also known as a Return (Residence) (Class BB) visa. The applicant sought review of a decision not to grant this visa. The core of the dispute concerned whether the applicant had substantial ties to Australia, a key criterion for the visa.

The Tribunal was required to determine whether the applicant had established substantial ties to Australia, as contemplated by the migration regulations. This involved assessing the nature and strength of the applicant's connections to Australia, particularly in light of their prolonged absence and the circumstances of their family.

In reaching its decision, the Tribunal noted that the applicant had not resided in or visited Australia for over fifteen years. While the applicant's spouse and children held Australian citizenship, the Tribunal found no evidence of practical steps taken by the applicant to relocate to Australia. The applicant's stated preference for their children to complete primary schooling in Hong Kong, coupled with the absence of any assets in Australia, led the Tribunal to conclude that the applicant had not demonstrated a sufficient connection or links to Australia. Consequently, the Tribunal affirmed the decision not to grant the visa.