Document ID: chunk:federal_register_of_legislation:C2024C00800:section:500a:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 500A (pt 1/3)
Character Range: 1256120–1258787

500A  Refusal or cancellation of temporary safe haven visas

Refusal or cancellation of temporary safe haven visas
 (1) The Minister may refuse to grant to a person a temporary safe haven visa, or may cancel a person's temporary safe haven visa if, in the Minister's opinion:
 (a) the person has or has had an association with someone else, or with a group or organisation, whom the Minister reasonably suspects has been or is involved in criminal conduct; or
 (b) having regard to either or both of the following:
 (i) the person's past and present criminal conduct;
 (ii) the person's past and present general conduct;
  the person is not of good character; or
 (c) in the event the person were allowed to enter or to remain in Australia, there is a significant risk that the person would:
 (i) engage in criminal conduct in Australia; or
 (ii) harass, molest, intimidate or stalk another person in Australia (see subsection (2)); or
 (iii) vilify a segment of the Australian community; or
 (iv) incite discord in the Australian community or in a segment of that community; or
 (v) represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way; or
 (d) the person is a threat to national security; or
 (e) the person's presence in Australia would prejudice Australia's international relations.
 (2) For the purposes of subsection (1), conduct may amount to harassment or molestation of a person even though:
 (a) it does not involve violence, or threatened violence, to the person; or
 (b) it consists only of damage, or threatened damage, to property belonging to, in the possession of, or used by, the person.

Refusal or cancellation of temporary safe haven visas
 (3) The Minister may refuse to grant to a person a temporary safe haven visa, or may cancel a person's temporary safe haven visa if:
 (a) the person has been sentenced to death (see subsection (4)); or
 (b) the person has been sentenced to imprisonment for life (see subsection (4)); or
 (c) the person has been sentenced to a term of imprisonment of 12 months or more (see subsections (4) and (5)); or
 (d) the person has been convicted of an offence that was committed:
 (i) while the person was in immigration detention; or
 (ii) during an escape by the person from immigration detention; or
 (iii) after the person escaped from immigration detention but before the person was taken into immigration detention again; or
 (e) the person has been convicted of an offence against section 197A.
 (4) For the