Makeny (Migration)

This matter concerned an application for a Subclass 155 (Five Year Resident Return) visa. The applicant was not in the migration zone at the time of application. The Tribunal was required to determine whether the applicant met the residency and substantial ties requirements for the visa.

The primary legal issues before the Tribunal were whether the applicant satisfied clause 155.211, which pertains to the applicant's status as a former Australian permanent resident, and clause 155.212(3), which requires the applicant, when outside Australia, to have substantial business, cultural, employment, or personal ties with Australia that are of benefit to Australia, along with specific residency and absence criteria.

The Tribunal found that the applicant met clause 155.211 as a former Australian permanent resident whose most recent permanent visa was not cancelled. Regarding clause 155.212(3), the Tribunal was satisfied that the applicant possessed substantial personal ties with Australia, including a wife, children, and grandchildren, and had maintained constant contact and made remittances. The Tribunal also noted the applicant's extensive humanitarian work, suggesting a benefit to Australia through his contributions. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under clauses 155.211 and 155.212(1).