Pienaar (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 155 (Five Year Resident Return) visa made by an applicant who was a former permanent resident of Australia. The central dispute concerned whether the applicant met the criteria for the visa, specifically the residency requirements and the requirement to demonstrate substantial ties with Australia that are of benefit to Australia.

The Tribunal was required to determine if the applicant satisfied clause 155.211 of the Migration Regulations 1994, which pertains to the applicant's status as a permanent resident or former permanent resident. Additionally, the Tribunal had to assess whether the applicant met clause 155.212(3A), which requires an applicant present in Australia at the time of application to have substantial business, cultural, employment, or personal ties with Australia that are of benefit to Australia, and to have not been absent for a continuous period of five years or more without compelling reasons.

The Tribunal found that the applicant met the requirements of clause 155.211 as a former permanent resident whose most recent permanent visa had not been cancelled. Regarding clause 155.212(3A), the Tribunal considered the applicant's extensive history of caring for her sister and parents in South Africa, which involved significant personal and financial commitment. The Tribunal also noted the applicant's subsequent return to Australia and her substantial assistance to her Australian daughter's family, including childcare and support for their business. Based on this evidence, the Tribunal was satisfied that the applicant met the substantial ties criterion under clause 155.212(3A).

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(3A) for a Subclass 155 visa.