Maneesuwan (Migration)

This matter concerned an application for a Subclass 155 (Five Year Resident Return) visa by Mr Maneesuwan, who had been absent from Australia for more than five years. The Administrative Appeals Tribunal was required to determine whether compelling reasons existed for the applicant's extended absence from Australia.

The primary legal issue before the Tribunal was whether the applicant's absence from Australia for more than five years met the criteria for a Subclass 155 visa under clause 155.212(3) of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether there were "compelling reasons" for the absence, as required by the regulations when an applicant has been absent for five years or more.

The Tribunal found that the applicant's stated reasons for his absence, namely caring for his children in his home country, could constitute compelling reasons. The Tribunal clarified that compelling reasons do not necessarily need to involve an involuntary element and do not need to cover the entire period of absence. Having formed a favourable view of the credibility of the applicant and his witnesses, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria under clause 155.212 of Schedule 2 to the Regulations.