Dharmawan (Migration)

This matter concerned an application for a Return (Residence) (Class BB) visa, specifically Subclass 155 (Five Year Resident Return) or Subclass 157 (Three Month Resident Return). The applicant, born in Indonesia, had a history of holding various Australian visas since 1997, including multiple Resident Return Visas between 2004 and 2016. At the time of the decision, she held a Subclass 600 Visitor visa. Her parents resided in Indonesia, but she had two Australian citizen brothers living in Australia. The case was heard by Member Helena Claringbold.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a Subclass 155 visa, specifically regarding the requirement of lawful presence in Australia for a specified period and the existence of substantial beneficial ties to Australia, and whether she met the criteria for a Subclass 157 visa, including compelling and compassionate reasons for her last departure from Australia. The Tribunal was required to assess the applicant's residency history and the nature of her connections to Australia in light of the relevant provisions of Schedule 2 to the Migration Regulations.

The Tribunal determined that the applicant did not satisfy the requirements for a Subclass 155 visa under clause 155.212(2) of Schedule 2, as she had not been lawfully present in Australia as a permanent resident for at least two years in the five years immediately preceding her application. The evidence indicated she had only been present for 174 days as a permanent visa holder during that period. Furthermore, the Tribunal found that the applicant did not meet the criteria for a Subclass 157 visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Return (Residence) (Class BB) visa.