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Return Residence Visa Granted After Prolonged Absence — Left Australia as a Minor by Parents' Decision

Visa TypeReturn (Residence) Class BB
CategoryResident Return

Case Summary

An applicant who had failed to maintain continuous residence in Australia since first arriving as a child — and whose Return Residence visa was refused — succeeded on review before the Tribunal. We argued compelling reasons for absence, as the original departure had been made by his parents when he was a minor, and established his substantial ties to Australia.

Background

The applicant had first arrived in Australia as a child with his parents, who became permanent residents. He later returned to his home country but made numerous return visits to Australia on temporary visas. When he applied for a Return (Residence) (Class BB) visa, it was refused because the delegate was not satisfied that he had demonstrated compelling reasons for his continuous absence from Australia since first leaving. The core factual challenge was that by virtue of leaving as a minor, the original decision to depart was not his own but his parents'.

Challenges

  • Continuous absence from Australia since first departing — meeting the compelling reasons threshold was essential
  • Applicant had been a minor when the original decision to leave was made by his parents, leaving him without control over the absence
  • Needed to satisfy the substantial ties requirement under clause 155.212 as well as the compelling reasons exception for the prolonged absence

How We Helped

We addressed both limbs of the criteria. For substantial ties, we presented evidence of the applicant's years of work in Australia, bank accounts, tax payments, family members residing in Australia as permanent residents, and membership of social and sporting clubs. For compelling reasons, we submitted that the applicant's continuous absence was entirely beyond his control: it began when he was a minor and the decision was his parents'. Since reaching adulthood he had made repeated visits to Australia and had even enquired with the Department about applying for a Resident Return Visa, demonstrating ongoing efforts to maintain his connection with Australia.

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Key Success Factors

  • Compelling reason rooted in the absence of the applicant's agency — the departure was made by his parents when he was a child
  • Demonstrated ongoing efforts to maintain connection with Australia including multiple return visits and enquiries with the Department
  • Broad and compelling evidence of substantial ties: employment history, bank accounts, tax, family, and cultural membership
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Outcome

The Tribunal accepted our arguments. It was satisfied that the applicant had compelling reasons for his continuous absence and met the substantial ties requirement. The application was remitted for reconsideration and the visa was granted.

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