Sutanto (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Sutanto, who sought review of a decision not to grant him a Subclass 155 (Five Year Resident Return) visa. The applicant was outside Australia at the time of his application and sought to satisfy the criteria under subclause 155.212(3) of the Migration Regulations 1994. This subclause requires the applicant to demonstrate substantial business, cultural, employment, or personal ties with Australia that are of benefit to Australia, in addition to meeting certain residency or citizenship requirements and absence criteria.

The primary legal issue before the Tribunal was whether Mr. Sutanto possessed substantial business or employment ties with Australia that were of benefit to Australia. The Tribunal was required to assess the evidence presented by the applicant regarding his business in Indonesia and his stated intentions to expand into Australia. The Tribunal also considered whether the applicant met the additional requirements of subclause 155.212(3), specifically concerning his residency status and periods of absence from Australia.

The Tribunal found that Mr. Sutanto had not established substantial business or employment ties with Australia. While he operated a business in Indonesia employing five people, the claimed turnover of AU$1 million lacked substantial supporting evidence. His plans to transfer his business to Australia were deemed purely speculative, with no concrete steps taken to investigate office space, assess viability, or secure potential Australian partners. Consequently, the Tribunal was not satisfied that the applicant met the substantial ties criterion under subclause 155.212(3).

As a result of not meeting the substantial ties criterion, the Tribunal affirmed the decision not to grant Mr. Sutanto a Subclass 155 visa. The Tribunal also found that the applicant did not meet the criteria for a Subclass 157 (Three Month Resident Return) visa.