Lim (Migration)

This matter concerned an application for a Subclass 155 (Five Year Resident Return) visa by an applicant who was outside Australia at the time of application. The applicant sought to satisfy the "substantial ties" criterion under subclause 155.212(3) of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant possessed substantial business, cultural, employment, or personal ties with Australia that were of benefit to Australia, in addition to meeting certain residency or citizenship status requirements.

The Tribunal considered the policy intention behind the "substantial ties" provision, which is to grant visas to individuals who contribute to Australia's well-being but may not meet the physical presence requirements. The applicant's claim rested on strong personal ties with her sister, Jane, who resided in Australia. Evidence presented included joint ownership of a rental property in Victoria, shared finances, and mutual reliance and support between the sisters, despite living in different countries. The Tribunal found that these personal ties were indeed substantial and of benefit to Australia.

Based on the finding that the applicant met the substantial ties criterion under cl.155.212(3), the Tribunal remitted the application for reconsideration by the Minister. The remittal was with the direction that the applicant had satisfied this specific criterion for the Subclass 155 visa.