Sankaran (Migration)

This matter concerned an application for a Subclass 155 (Five Year Resident Return) visa. The applicant, Mr Sankaran, sought judicial review of a decision made by the Administrative Appeals Tribunal.

The primary legal issue before the court was whether the Tribunal had erred in its assessment of Mr Sankaran's eligibility for the visa, specifically concerning the requirement to demonstrate substantial business, cultural, employment, or personal ties with Australia, and the residence requirements.

The court found that the Tribunal had failed to adequately consider the evidence presented by Mr Sankaran, which included his professional accreditation and membership, property ownership, philanthropic donations, and progress towards admission as a legal practitioner, as indicators of his imminent intention to return to Australia and his substantial ties to the country. The court determined that these factors, when viewed collectively, satisfied the criteria under cl.155.212 of Schedule 2 to the Regulations.

Consequently, the court remitted the application for the visa to the Minister for reconsideration, with a direction that the visa applicant meets the specified criteria for a Subclass 155 visa.