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Resident Return Visa Granted for Former Permanent Resident Whose Extended Absence Was Caused by Severe Mental Illness

Visa TypeSubclass 155
CategoryResident Return

Case Summary

A US-based former Australian permanent resident who had spent only about 15 months in Australia in the preceding five years repeatedly had Resident Return Visa applications rejected. We successfully argued compelling reasons for absence and substantial cultural and personal ties, and the visa was granted.

Background

The applicant was a US citizen who had previously held Australian permanent residency and completed his secondary schooling in Australia. Shortly after leaving school, he was diagnosed with a severe mental health condition that significantly disrupted his ability to remain in or return to Australia. When his health stabilised he pursued tertiary studies in the US, though he continued to visit Australia regularly. Over the five years immediately before the application he had spent a total of approximately one year and three months in Australia. He had attempted on multiple occasions to obtain a Resident Return Visa but had been repeatedly rejected.

Challenges

  • Total presence in Australia over the relevant five-year period was below the threshold ordinarily expected for a grant
  • History of repeated rejections for Resident Return Visas
  • Mental health diagnosis had directly caused an inability to settle in or return to Australia after secondary school
  • Tertiary study overseas was a significant portion of the period of absence

How We Helped

We prepared a submission highlighting the applicant's substantial cultural and personal ties to Australia. We emphasised his involvement with an Australian theatre company during his time as a permanent resident and a current job offer from an Australian employer. We outlined the compelling reason for his extended absence — his severe mental health condition had made sustained residence in Australia impossible, and the tertiary studies he undertook overseas were not available in Australia and were directly linked to his recovery and self-esteem. We also submitted that forced relocation to the US would increase the risk of psychological deterioration, given his entire immediate family lived in Australia.

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Key Success Factors

  • Clear causal link between the mental health condition and the inability to remain in Australia
  • Evidence of ongoing cultural ties — involvement with an Australian theatre company
  • Employment offer from an Australian company demonstrating a current and concrete tie
  • All immediate family in Australia, with medical evidence that removal would heighten risk of relapse
  • Tertiary studies overseas framed as both a compelling reason for absence and a contributor to improved mental health
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Outcome

The Departmental submission was accepted and the applicant was granted a Resident Return Visa, allowing him to re-establish his life in Australia.

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