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Resident Return Visa Granted Despite Only 20 Days in Australia Over 5 Years — Substantial Employment Ties

Visa TypeSubclass 155
CategoryResident Return

Case Summary

An applicant who had spent only 20 days in Australia in the previous five years had his Resident Return Visa refused. We successfully argued at review that his substantial employment ties — including consulting work with Sydney Water — and significant family connections in Australia warranted the grant.

Background

The applicant had been absent from Australia for the vast majority of the previous five years, returning for only 20 days in total. His Resident Return Visa application was consequently refused by the Department. He engaged us to seek a merits review of that decision.

Challenges

  • Only 20 days presence in Australia over the previous five years — well short of standard residency expectations
  • The applicant needed to demonstrate substantial ties that are of benefit to Australia to satisfy the visa criteria
  • Convincing the Tribunal to exercise discretion in favour of grant despite minimal recent physical presence

How We Helped

We built our submission around the applicant's substantial employment and personal ties to Australia. We emphasised his consultancy work with Sydney Water as concrete evidence of an employment tie of benefit to Australia, and outlined the depth and significance of his family connections in Australia.

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Key Success Factors

  • Employment tie of direct benefit to Australia — consultancy engagement with Sydney Water
  • Significant family ties to Australia providing personal roots in the country
  • Compelling submission framing the case within the substantial ties criteria of the Migration Regulations
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Outcome

The MRT review was successful. The Tribunal was satisfied that the applicant held substantial employment and personal ties to Australia of benefit to the country, and the matter was remitted to the Department for reconsideration and grant of the Resident Return Visa.

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