Manyok (Migration)

This matter concerned an application for a Subclass 155 (Five Year Resident Return) visa. The applicant sought review of a delegate's decision to refuse the visa. The Tribunal was constituted by Member Andrew McLean Williams.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4021, which is a requirement for the grant of a Subclass 155 visa under clause 155.222 of Schedule 2 to the Regulations. PIC 4021 requires an applicant to either hold a valid passport or demonstrate that it would be unreasonable to require them to hold one. The delegate had refused the visa on the basis that the applicant's passport had expired and they had not provided a valid passport, taken steps to obtain one, or shown it would be unreasonable to require one.

The Tribunal found that the applicant's representative had provided evidence on 26 October 2022 that the applicant now held a document satisfying the requirements of PIC 4021(a). Consequently, the Tribunal concluded that the applicant now met PIC 4021.

Given this finding, the Tribunal remitted the application for the visa to the Minister for reconsideration, with the direction that the applicant meets the criteria under clause 155.222 of Schedule 2 to the Regulations.