Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:4_4010
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 4 cl 4010
Character Range: 2375083–2376933

4010  If the applicant seeks to remain in Australia permanently, or temporarily for longer than 12 months, the applicant is likely to become established in Australia without undue personal difficulty and without imposing undue difficulties or costs on the Australian community.
4011 (1) If the applicant is affected by the risk factor specified in subclause (2), the applicant satisfies the Minister that, having regard to the applicant's circumstances in the applicant's country of usual residence, there is very little likelihood that the applicant will remain after the expiry of any period during which the applicant might be authorised to remain after entry.
 (2) An applicant is affected by the risk factor referred to in subclause (1) if:
 (a) during the period of 5 years immediately preceding the application, the applicant has applied for a visa for the purpose of permanent residence in Australia; or
 (b) the applicant has all the characteristics of a class of persons specified in a legislative instrument made by the Minister for the purposes of this paragraph.
 (2A) In specifying a class of persons for the purposes of paragraph (2)(b), the Minister must have regard to statistics prepared by the Secretary:
 (a) from movement records kept by Immigration about persons who have remained in Australia after expiry of the period during which each person was authorised to remain in Australia under the visa with which he or she last entered Australia; and
 (b) having regard to one or more of the characteristics mentioned in subclause (3).
 (3) For the purposes of paragraph (2)(b), a characteristic is any of the following:
 (a) nationality;
 (b) marital or relationship status;
 (c) age;
 (d) sex;
 (e) occupation;
 (f) the class of visa currently applied for;
 (g) the place of lodgment or posting of the application for that visa.