Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p21
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 21/26)
Character Range: 407528–410296

she is satisfied as mentioned in paragraph 116(1)(fa) of the Act.
 (1D) For subregulation (1C), the matter is that participation in a course of study by the holder of a student visa has been deferred or temporarily suspended by the provider of the course of study:
 (a) because of the conduct of the holder; or
 (b) because of the circumstances of the holder, other than compassionate or compelling circumstances; or
 (c) because of compassionate or compelling circumstances of the holder, if the Minister is satisfied that the circumstances have ceased to exist; or
 (d) on the basis of evidence or a document given to the provider about the holder's circumstances, if the Minister is satisfied that the evidence or document is fraudulent or misrepresents the holder's circumstances.
 (2) For subsection 116(3) of the Act, the circumstances in which the Minister must cancel a visa are:
 (a) in the case of a visa other than a relevant visa—each of the circumstances comprising the grounds set out in:
 (i) sub‑subparagraphs (1)(a)(i)(A) and (B); and
 (ii) paragraph (1)(aa); and
 (iii) paragraph (1)(b); and
 (iv) paragraph (1)(c); and
 (aa) in the case of a relevant visa—the circumstance comprising the grounds set out in subparagraph (1)(a)(ii).
 (3) In this regulation:
relevant visa means a visa of any of the following subclasses:
 (aa) Subclass 050;
 (aaa) Subclass 070;
 (a) Subclass 200;
 (b) Subclass 201;
 (c) Subclass 202;
 (d) Subclass 203;
 (e) Subclass 204;
 (g) Subclass 449;
 (i) Subclass 785, including a Subclass 785 visa granted before 2 December 2013;
 (j) Subclass 786;
 (k) Subclass 866.

2.43A  Minister must have regard to certain matters in considering cancellation of certain temporary visas for breach of visa condition
 (1) This regulation applies in relation to a visa if:
 (a) the visa is a temporary visa other than:
 (i) a criminal justice visa; or
 (ii) an enforcement visa; and
 (b) the Minister is satisfied that the visa holder has not complied with a particular condition (the relevant condition) to which the holder's visa is subject; and
 (c) regulation 2.43B does not apply in relation to the visa.
 (2) For the purposes of paragraph 116(1A)(a) of the Act, the Minister must have regard to the following matters in determining whether the Minister is satisfied as mentioned in paragraph 116(1)(b) of the Act:
 (a) any written certificate issued by a certifying entity that is a government entity if the certificate:
 (i) was issued in relation to the visa holder in respect of a workplace exploitation matter; and
 (ii) sets out the matters agreed to by Immigration and the government entity;
 (b) any written certificate issued by a certifying entity that is not a government entity and that states that the entity considers