Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:4_4012a:p2
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 4 cl 4012A (pt 2/3)
Character Range: 2380125–2382667

by a risk factor if a visa previously held by the person was cancelled under section 116, 128 or 133C of the Act:
 (a) because the person was found by Immigration to have worked without authority; or
 (b) if the visa was of a subclass specified in Part 2 of this Schedule—because the person did not comply with a condition specified in that Part in relation to that subclass; or
 (c) if the visa was a Subclass 773 (Border) visa and, at the time of grant of the visa, the person was apparently eligible for a substantive visa of a subclass specified in Part 2 of this Schedule—because the person did not comply with a condition specified in that Part in relation to that subclass of substantive visa; or
 (ca) because the person held a student visa and the Minister was satisfied that a ground mentioned in paragraph 116(1)(fa) of the Act applied to the person; or
 (d) because the Minister was satisfied that a ground prescribed by paragraph 2.43(1)(ea), (i), (ia), (j), (k), (ka), (kb), (kc), (m), (na), (o), (oa), (ob), (s) or (t) applied to the person.
 (2A) A person is affected by a risk factor if a visa previously held by the person was cancelled under section 137J of the Act.
 (3) A person is affected by a risk factor if a visa previously held by the person was cancelled because the Minister was satisfied that a ground mentioned in paragraph 116(1)(e) of the Act applied to the person.
4014 (1) If the applicant is affected by the risk factor specified in subclause (4):
 (a) the application is made more than 3 years after the departure of the person from Australia referred to in that subclause; or
 (b) the Minister is satisfied that, in the particular case:
 (i) compelling circumstances that affect the interests of Australia; or
 (ii) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;
  justify the granting of the visa within 3 years after the departure.
 (4) Subject to subclause (5), a person is affected by a risk factor if the person left Australia as:
 (a) an unlawful non‑citizen; or
 (b) the holder of a Bridging C (Class (WC), Bridging D (Class WD) or Bridging E (Class WE) visa.
 (5) Subclause (4) does not to apply to a person if:
 (a) the person left Australia within 28 days after a substantive visa held by the person ceased to be in effect; or
 (b) a bridging visa held by the person at the time of departure was granted:
 (i) within 28 days after a substantive visa held by the person ceased to