Fenton (Migration)

This matter concerned an application for a Subclass 155 (Five Year Resident Return) visa, where the applicant sought to satisfy the criteria under subclause 155.212(3A) of the Migration Regulations 1994. The applicant, who was in Australia at the time of application, was required to demonstrate substantial business, cultural, employment, or personal ties with Australia that were of benefit to Australia, and to address prescribed residency requirements, including a waiver for absences exceeding five years.

The primary legal issues before the Tribunal were whether the applicant possessed substantial ties with Australia that were of benefit to Australia, and whether there were compelling reasons for any period of absence from Australia exceeding five years. The Tribunal was required to assess the nature and extent of the applicant's ties and their benefit to Australia, as well as the justification for any prolonged absence.

The Tribunal found that the applicant had established substantial personal and employment ties with Australia. The applicant had been living with his Australian citizen partner since 2019, was engaged to her, and was actively involved in her family life, including caring for grandchildren. He was employed as an Assessor and Trainer at a construction college, training Australian apprentices, and had also commenced a small business. These factors indicated a commitment to Australia and a willingness to contribute to its economy and community through his skills and experience. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under subclause 155.212(3A).