Currenti (Migration)

This matter concerned an application for a Return (Residence) (Class BB) visa, specifically a Subclass 155 (Five Year Resident Return) visa, before the Administrative Appeals Tribunal. The applicant sought to satisfy alternative criteria for the visa grant, as outlined in clause 155.212 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met the requirements of subclauses 155.212(2), (3), or (4). Specifically, the Tribunal considered whether the applicant had been lawfully present in Australia for a sufficient period as an Australian citizen or permanent resident, and whether she possessed substantial beneficial ties with Australia, including addressing any periods of absence and the presence of compelling reasons for such absences.

The Tribunal found that the applicant did not satisfy subclause 155.212(2) as she stated she had not been present in Australia as an Australian citizen or permanent resident for the required two years within the preceding five-year period. Furthermore, the Tribunal considered subclause 155.212(3) and noted that the applicant was outside Australia at the time of application. While the applicant claimed substantial personal ties to Australia through her family, the Tribunal did not find it necessary to make detailed findings on this criterion, nor on the alternative criteria under subclause 155.212(4), as the applicant also failed to meet the requirements for a Subclass 157 (Three Month Resident Return) visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 155 visa, as she did not meet the necessary criteria under clause 155.212, nor the requirements for a Subclass 157 visa.