Huang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 155 (Five Year Resident Return) visa. The applicant, a Chinese citizen, had entered Australia in 2006 and departed in 2007, re-entered in 2010 and departed again in 2011, with no record of return since. He had previously been granted Subclass 155 visas in 2015 and 2016. The applicant was divorced from his Australian citizen daughters' mother in 2012. The Tribunal's decision was made by Member Helena Claringbold.

The central legal issue before the Tribunal was whether the applicant could satisfy the criteria set out in clauses 155.212 and 157.212 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant, being outside Australia at the time of his application, possessed substantial business, cultural, employment, or personal ties with Australia that were of benefit to Australia, and if there were compelling reasons for his absence from Australia. The Tribunal also considered the criteria for a Subclass 157 (Three Month Resident Return) visa.

The Tribunal reasoned that to meet the requirements of subclause 155.212(3), an applicant outside Australia must demonstrate substantial ties to Australia that benefit the country, and either not have been absent for more than five years, or have compelling reasons for such an absence. The applicant's previous grants of the visa and his Australian citizen daughters were noted. However, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 157 visa.

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