Singh (Migration)

This matter concerned an application for a Subclass 155 (Five Year Resident Return) visa by an applicant who was outside Australia at the time of application. The applicant sought to satisfy the criteria under subclause 155.212(3) of the Migration Regulations 1994, which requires the applicant to demonstrate substantial business, cultural, employment, or personal ties with Australia that are of benefit to Australia, and to have compelling reasons for any lengthy absence from Australia.

The primary legal issue before the Tribunal was whether the applicant had established the requisite substantial ties to Australia that were of benefit to Australia, and whether there were compelling reasons for her absence. The applicant contended that she had substantial ties through her Australian citizen family members, her professional experience as a change management consultant with significant income, her past success in operating businesses in Singapore and the UAE, her intention to establish a business and purchase real estate in Australia, and her charitable work.

The Tribunal found that the applicant had provided sufficient evidence to satisfy the criterion of having substantial business, cultural, employment, or personal ties with Australia that are of benefit to Australia. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant meets the criteria under cl.155.212(3).