Cowie-Willox (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 the applicant met the associated residency and absence requirements, or if compelling reasons existed for any extended absence.

The Tribunal considered the applicant's claimed personal ties to Australia, which included a brother who was an Australian citizen residing permanently in Australia with his Australian citizen wife and their two children. The applicant also had a mother-in-law and several sisters-in-law and a brother-in-law who were Australian citizens residing permanently in Australia. The Tribunal found that the applicant's personal ties were substantial and would facilitate family reunification and provide emotional support. Crucially, the Tribunal determined that the applicant met the requirements of subclause 155.212(3), including having substantial personal ties with Australia that were of benefit to Australia.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under subclause 155.212(3) for the Subclass 155 visa.