Sultani (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 155 (5-year) Return (Residence) visa. The applicant sought to challenge the decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 155 visa, specifically under regulation 155.212(1) of the Migration Regulations 1994. This involved determining if the applicant satisfied the requirements of subclause (3) of that regulation, which pertains to applicants outside Australia with substantial ties to Australia.

The Tribunal's reasoning focused on the applicant's continuous period of absence from Australia. Subclause 155.212(3)(a) requires that an applicant not have been absent from Australia for a continuous period of 5 years or more immediately before the application, unless there are compelling reasons for the absence. The Tribunal found that the applicant did not meet this criterion, leading to the conclusion that the visa requirements were not satisfied.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 155 visa.