Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p5
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 5/38)
Character Range: 767379–770066

4.31B, in relation to a decision to which this regulation applies is to be refunded, or waived, as the case requires.

4.33  Powers of ART
 (1) For the purposes of subsection 349(2) of the Act, an application for a protection visa is prescribed.
 (2) For the purposes of paragraph 349(2)(b) of the Act, it is a permissible order that the applicant must be taken to have satisfied the criteria for the visa that are specified in the order.
 (3) For the purposes of paragraph 349(2)(b) of the Act:
 (a) it is a permissible order that the applicant is a refugee within the meaning of subsection 5H(1) of the Act; and
 (aa) it is a permissible order that subsection 36(3) of the Act does not apply to the applicant; and
 (b) it is not a permissible order that:
 (i) subsection 5H(1) of the Act applies to the applicant; or
 (ii) subsection 5H(1) does not apply to the applicant because of subsection 5H(2); or
 (iii) the applicant satisfies, or does not satisfy, the criterion in subsection 36(1C) of the Act.
 (4) For the purposes of paragraph 349(2)(b) of the Act:
 (a) it is a permissible order that the applicant satisfies each matter, specified in the order, that relates to establishing whether the applicant is a person to whom Australia has protection obligations because there are substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant being removed from Australia to a receiving country, there is a real risk that the applicant will suffer significant harm; and
 (b) it is not a permissible order that the applicant satisfies a matter that relates to establishing whether there are serious reasons for considering that:
 (i) the applicant has committed a crime against peace, a war crime or a crime against humanity, as defined by an international instrument mentioned in regulation 2.03B; or
 (ii) the applicant committed a serious non‑political crime before entering Australia; or
 (iii) the applicant has been guilty of acts contrary to the purposes and principles of the United Nations; and
 (c) it is not a permissible order that the applicant satisfies a matter that relates to establishing whether there are reasonable grounds that:
 (i) the applicant is a danger to Australia's security; or
 (ii) the applicant, having been convicted by a final judgment of a particularly serious crime, including a crime that consists of the commission of a serious Australian offence or serious foreign offence, is a danger to the Australian community.
 (5) For the purposes of paragraph 349(2)(b) of the Act, it is a permissible order that the grant of the visa is not prevented by section 91W, 91WA or 91WB of the Act.

4.34  Statement about