Gous (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 155 (Five Year Resident Return) visa. The applicant sought to challenge the decision not to grant this visa, which would have allowed them to return to Australia.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 155 visa, specifically concerning the requirement to have been lawfully present in Australia for a prescribed period prior to the application. The Tribunal also considered whether there were compelling reasons for the applicant's absence from Australia that might warrant an exception.

The Tribunal found that the applicant did not satisfy the residency requirements for the visa. While the applicant presented reasons for their absence, including managing, renovating, and selling property in their home country, and highlighted their age, health, and family ties in Australia, the Tribunal determined that these circumstances did not constitute compelling reasons that would override the statutory criteria. The Tribunal noted that there was no provision for the grant of such a visa on compassionate grounds. Consequently, the Tribunal affirmed the decision not to grant the visa.