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Compelling reason for absence from Australia - mental illness

The applicant was a US citizen who was formerly an Australian Permanent Resident. He completed his secondary schooling in Australia. Soon afterwards, he was diagnosed with a severe mental health condition. When his health eventually stabilised, he pursued tertiary studies at a University in the US, however he still came back to Australia on a regular basis. In the five years immediately prior to the application, the applicant had spent a total of approximately one year and three months in Australia. The applicant had attempted on several occasions to re-apply for a Resident Return Visa but was repeatedly turned away.

We assisted the applicant in preparing a submission and highlighted the substantial cultural ties the applicant had with Australia. The applicant was involved in theatre productions with an Australian theatre company during his period as a permanent resident and had received a job offer from an Australian company.

We further highlighted the applicant’s substantial personal ties to Australia, as his entire immediately family resided in Australia. Due to his mental illness, there would be an increased chance of episodic deteriorations should he be relocated to the US.

We further outlined that he had compelling reasons for absence from Australia, namely his pursuit of tertiary qualifications overseas in a course which he was not able to study in Australia. The completion of studies was central to the applicant’s self-esteem and contributed to his improved mental health.

The submission was successful and the applicant was granted a visa.

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