Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p13
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 13/26)
Character Range: 388343–390946

(which deals with circumstances in which the Minister may cancel a visa), the grounds prescribed are the following:
 (a) that the Foreign Minister has personally determined that:
 (i) in the case of a visa other than a relevant visa—the holder of the visa is a person whose presence in Australia:
 (A) is, or would be, contrary to Australia's foreign policy interests; or
 (B) may be directly or indirectly associated with the proliferation of weapons of mass destruction; or
 (ii) in the case of a relevant visa—the holder of the visa is a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction;
Note: A relevant visa is explained in subregulation (3).
 (aa) in the case of a person who is the holder of a visa other than a relevant visa, the person:
 (i) is declared under paragraph 6(b) or 6A(1)(b), (2)(b), (4)(b), (5)(b), (8)(b) or (9)(b) of the Autonomous Sanctions Regulations 2011 for the purpose of preventing the person from travelling to, entering or remaining in Australia; and
 (ii) is not a person for whom the Foreign Minister has waived the operation of the declaration in accordance with regulation 19 of the Autonomous Sanctions Regulations 2011;
 (b) that the holder of the visa has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security, within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979;
 (c) that there is an unreasonable risk of an unwanted transfer of critical technology by the holder of the visa;
 (e) in the case of:
 (i) the holder of an Electronic Travel Authority (Class UD) visa who is under 18; or
 (iii) the holder of a Tourist (Class TR) visa, that was applied for using form 601E, who is under 18; or
 (iv) the holder of a Visitor (Class TV) visa who is under 18; or
 (iva) the holder of a Subclass 600 (Visitor) visa in the Tourist stream, that was applied for using form 1419 (Internet), who is under 18;
  that either:
 (v) both of the following apply:
 (A) the law of the visa holder's home country did not permit the removal of the visa holder;
 (B) at least 1 of the persons who could lawfully determine where the additional applicant is to live did not consent to the grant of the visa; or
 (vi) the grant of the visa was inconsistent with any Australian child order in force in relation to the visa holder;
 (ea) in the case of a Subclass 601 (Electronic Travel Authority) visa—that, despite the grant of the visa, the Minister is satisfied that the visa holder:
 (i) did not have,