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Usually resident
“Usually resident” is not defined in the Migration Act or Regulations. It is taken to have its common or dictionary meaning, based on the individual circumstances of each case. However, case law requires consideration of both physical presence and intent determining usual residence.
Under DIAC policy, a sponsor may be accepted as “usually resident”, in the absence of contrary information, if the sponsor holds a permanent visa and is residing, has previously resided in Australia, or has lawfully entered Australia and has established links which are indicative of usual residence.
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