s 2.41

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

In force

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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