Pacciolla (Migration)

This matter concerned an application by Ms Pacciolla for a Return (Residence) (Class BB) visa, specifically a Subclass 155 (Five Year Resident Return) visa. The Administrative Appeals Tribunal (AAT) was required to consider whether Ms Pacciolla met the criteria for this visa, having previously had a similar application considered in 2013.

The primary legal issue before the Tribunal was whether Ms Pacciolla satisfied the requirements of subclause 155.212(3A) of the Migration Regulations 1994. This subclause requires an applicant to be in Australia, have substantial business, cultural, employment, or personal ties with Australia that are of benefit to Australia, and not have been absent from Australia for a continuous period of five years or more since the grant of their most recent permanent visa, unless there are compelling reasons for such an absence.

The Tribunal found that Ms Pacciolla was in Australia at the time of her application and had substantial personal ties with Australia that were of benefit to the country. These ties were evidenced by her living arrangements with her eldest son, Roberto, and his family since 2012, as well as her connections with friends and her church community. However, the Tribunal did not make findings regarding the residency requirements or whether there were compelling reasons for any extended absence from Australia. Consequently, the Tribunal affirmed the decision not to grant Ms Pacciolla the visa.