Ranbir (Migration)

The Administrative Appeals Tribunal considered a decision concerning an applicant for a Return (Residence) (Class BB) visa, subclass 155 (Five Year Resident Return). The applicant was outside Australia at the time of the application and sought to meet the criteria for the visa.

The Tribunal was required to determine whether the applicant met the requirements of clause 155.212 of the Migration Regulations 1994. Specifically, the Tribunal examined whether the applicant satisfied the criteria relating to lawful presence in Australia for a specified period, or alternatively, whether the applicant had substantial ties with Australia that were of benefit to Australia, along with prescribed residency requirements.

The Tribunal found that the applicant did not meet the requirement of having been lawfully present in Australia for at least two years in the five years preceding the application, as their last permanent visa had expired in 2009 and their visits to Australia were as a holder of a non-permanent Tourist visa. Furthermore, the Tribunal considered the substantial ties criterion under subclause 155.212(3), which requires the applicant to have substantial business, cultural, employment, or personal ties of benefit to Australia, and to meet specific residency or citizenship history requirements. While the applicant had significant investments and family ties in Australia, the Tribunal concluded that the applicant did not satisfy the prescribed residency requirements under this subclause.

Despite affirming the decision not to grant the visa, the Tribunal considered the applicant's circumstances and the Ministerial guidelines relating to the Minister's discretionary power under section 351 of the Migration Act 1958. Consequently, the Tribunal referred the case to the Department for consideration by the Minister.