Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 2.41

                   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.