Commonwealth Consolidated Regulations

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Whether to cancel visa--incorrect information or bogus document (Act, s 109(1)(c))

    For the purposes of paragraph   109(1)(c) of the Act, the following circumstances are prescribed:

  (a)   the correct information;

  (b)   the content of the genuine document (if any);

  (c)   whether the decision to grant a visa or immigration clear the visa holder was based, wholly or partly, on incorrect information or a bogus document;

  (d)   the circumstances in which the non - compliance occurred;

  (e)   the present circumstances of the visa holder;

  (f)   the subsequent behaviour of the visa holder concerning his or her obligations under Subdivision C of Division   3 of Part   2 of the Act;

  (g)   any other instances of non - compliance by the visa holder known to the Minister;

  (h)   the time that has elapsed since the non - compliance;

  (j)   any breaches of the law since the non - compliance and the seriousness of those breaches;

  (k)   any contribution made by the holder to the community.

Note:   Under s. 109 of the Act, the Minister may cancel a visa if there was non - compliance by the holder of a kind set out in Subdivision C of Division   3 of Part   2 of the Act. The Minister is to have regard to the prescribed circumstances in considering whether to cancel the visa.

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