Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:4_4012a:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 4 cl 4012A (pt 1/3)
Character Range: 2377693–2380336

4012A  In the case of an applicant who has not turned 18:
 (a) the application expresses a genuine intention to reside in Australia with a person who:
 (i) is a parent of the applicant or a person who has custody of the applicant; or
 (ii) is:
 (A) a relative of the applicant; and
 (B) nominated by a parent of the applicant or a person who has custody of the applicant; and
 (C) aged at least 21; and
 (D) of good character; or
 (b) a signed statement is given to the Minister by the education provider for the course in which the applicant is enrolled confirming that appropriate arrangements have been made for the applicant's accommodation, support and general welfare for at least the minimum period of enrolment stated on the applicant's:
 (i) confirmation of enrolment; or
 (ii) AASES form;
  plus 7 days after the end of that period; or
 (c) if the applicant is a Foreign Affairs student or a Defence student, appropriate arrangements for the applicant's accommodation, support and general welfare have been approved by:
 (i) in the case of a Foreign Affairs student—the Foreign Minister; and
 (ii) in the case of a Defence student—the Defence Minister.
4013 (1) If the applicant is affected by a risk factor mentioned in subclause (1A), (2), (2A) or (3):
 (a) the application is made more than 3 years after the cancellation of the visa or the determination of the Minister, as the case may be, referred to in the subclause that relates to the applicant; 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 cancellation or determination.
 (1A) A person is affected by a risk factor if a visa previously held by the person was cancelled:
 (a) under section 109, paragraph 116(1)(d), subsection 116(1AA) or (1AB) or section 133A of the Act; or
 (b) under section 128 of the Act because the Minister was satisfied that the ground mentioned in paragraph 116(1)(d) of the Act applied to the person; or
 (c) under section 133C of the Act because the Minister was satisfied that the ground mentioned in paragraph 116(1)(d) or subsection 116(1AA) or (1AB) of the Act applied to the person.
 (2) A person is affected 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