Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:4_4018:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 4 cl 4018 (pt 1/2)
Character Range: 2383827–2386488

4018  The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.
4019 (1) The applicant has signed a statement (a values statement) in accordance with Part 3.
Note: Part 3 sets out further provisions relating to values statements and the requirements for this criterion.
 (2) However, if compelling circumstances exist, the Minister may decide that the applicant is not required to satisfy subclause (1).
4020 (1) There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the ART during the review of a reviewable migration decision, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:
 (a) the application for the visa; or
 (b) a visa that the applicant held in the period of 12 months before the application was made.
 (2) The Minister is satisfied that during the period:
 (a) starting 3 years before the application was made; and
 (b) ending when the Minister makes a decision to grant or refuse to grant the visa;
the applicant and each member of the family unit of the applicant has not been refused a visa because of a failure to satisfy the criteria in subclause (1).
 (2AA) However, subclause (2) does not apply to the applicant if, at the time the application for the refused visa was made, the applicant was under 18.
 (2A) The applicant satisfies the Minister as to the applicant's identity.
 (2B) The Minister is satisfied that during the period:
 (a) starting 10 years before the application was made; and
 (b) ending when the Minister makes a decision to grant or refuse to grant the visa;
neither the applicant, nor any member of the family unit of the applicant, has been refused a visa because of a failure to satisfy the criteria in subclause (2A).
 (2BA) However, subclause (2B) does not apply to the applicant if, at the time the application for the refused visa was made, the applicant was under 18.
 (3) To avoid doubt, subclauses (1) and (2) apply whether or not the Minister became aware of the bogus document or information that is false or misleading in a material particular because of information given by the applicant.
 (4) The Minister may waive the requirements of any or all of paragraphs (1)(a) or (b) and subclause (2) if satisfied that:
 (a) compelling circumstances that affect the interests of Australia; or
 (b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or