(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 that:
(i) there is prima facie evidence that the visa holder has been affected by a workplace exploitation matter; and
(ii) if any law limits the time within which a proceeding may be instituted, or a complaint made, in relation to the workplace exploitation matter—that time has not expired; and
(iii) there is a connection between the circumstances relating to the breach of the relevant condition and the workplace exploitation matter by which the visa holder has been affected;
(c) whether there is a connection between the circumstances relating to the breach of the relevant condition and the workplace exploitation matter to which a certificate mentioned in paragraph (a) or (b) relates;
(d) whether there is any evidence that the visa holder was not complying, or is no longer seeking to comply, with the purpose of the visa;
(e) whether the visa holder has committed, in writing, to do both of the following:
(i) to take action, in a timely manner, to resolve the workplace exploitation matter to which a certificate mentioned in paragraph (a) or (b) relates;
(ii) to comply in future with the visa conditions to which the holder’s visa is subject;
(f) whether the visa holder has failed to comply with a commitment of a kind mentioned in paragraph (e) of this subregulation, or paragraph 2.43B(2)(d), (3)(d) or (4)(d), that the visa holder has previously given in relation to the visa.
(3) Subregulation (2) does not limit, or otherwise affect, a power or duty of the Minister to cancel the visa under:
(a) paragraph 116(1)(b) of the Act for non‑compliance with a condition (other than the relevant condition) to which the visa holder’s visa is subject; or
(b) a provision other than paragraph 116(1)(b) of the Act.
Note: For example, see subregulation 2.43(2) for the circumstances in which the Minister must cancel a visa.
2.43B Circumstances in which the Minister is not to cancel certain temporary visa for breach of restricted work condition
(1) This regulation applies in relation to a visa if:
(a) the visa is a temporary visa other than:
(i) a bridging visa; or
(ii) a criminal justice visa; or
(iii) an enforcement visa; and
(b) the visa is subject to a condition (the restricted work condition) restricting the work that the visa holder may do in Australia (other than a condition that prohibits the visa holder from engaging in any work in Australia); and
(c) the Minister is satisfied that the visa holder has not complied with the restricted work condition.
Certificate issued by a certifying entity that is a government entity
(2) For the purposes of subsection 116(2) of the Act, the Minister is not to cancel the visa under paragraph 116(1)(b) of the Act if all of the following circumstances exist:
(a) a certifying entity that is a government entity has issued a written certificate in relation to the visa holder in respect of a workplace exploitation matter that set outs the matters agreed to by Immigration and the government entity;
(b) the Minister is satisfied that there is a connection between the circumstances relating to the breach of the restricted work condition and the workplace exploitation matter to which the certificate relates;
(c) the Minister is satisfied that the visa holder will comply in future with the purpose of the visa;
(d) the visa holder has committed, in writing, to do both of the following:
(i) to take action, in a timely manner, to resolve the workplace exploitation matter to which the certificate relates;
(ii) to comply in future with the visa conditions to which the holder’s visa is subject.
Certificate issued by a certifying entity that is not a government entity
(3) For the purposes of subsection 116(2) of the Act, the Minister is not to cancel the visa under paragraph 116(1)(b) of the Act if all of the following circumstances exist:
(a) a certifying entity that is not a government entity has issued a written certificate stating that the entity considers that:
(i) there is prima facie evidence that the visa holder is currently, or has been within the 12 month period preceding the issue of the certificate, the subject of a workplace exploitation matter; and
(ii) there is a connection between the circumstances relating to the breach of the restricted work condition and the workplace exploitation matter to which the visa holder is, or has been, subject;
(b) the Minister is satisfied that there is a connection between the circumstances relating to the breach of the restricted work condition and the workplace exploitation matter to which the visa holder is, or has been, subject;
(c) the Minister is satisfied that the visa holder will comply in future with the purpose of the visa;
(d) the visa holder has committed, in writing, to do both of the following:
(i) to take action to resolve the workplace exploitation matter in a timely manner;
(ii) to comply in future with the visa conditions to which the holder’s visa is subject.
(4) For the purposes of subsection 116(2) of the Act, the Minister is not to cancel the visa under paragraph 116(1)(b) of the Act if all of the following circumstances exist:
(a) a certifying entity that is not a government entity has issued a written certificate stating that the entity considers that:
(i) there is prima facie evidence that the visa holder has been the subject of a workplace exploitation matter at a time that is more than 12 months before the issue of the certificate; and
(ii) there is a connection between the circumstances relating to the breach of the restricted work condition and the workplace exploitation matter to which the visa holder has been subject;
(b) the Minister is satisfied that:
(i) the workplace exploitation matter to which the visa holder has been subject is serious or systemic in nature; and
(ii) there is a connection between the circumstances relating to the breach of the restricted work condition and the workplace exploitation matter to which the visa holder has been subject;
(c) the Minister is satisfied that the visa holder will comply in future with the purpose of the visa;
(d) the visa holder has committed, in writing, to do both of the following:
(i) to take action to resolve the workplace exploitation matter in a timely manner;
(ii) to comply in future with the visa conditions to which the holder’s visa is subject.
Failure to comply with written commitment
(5) Subregulations (2), (3) and (4) do not apply in relation to the visa if the Minister is satisfied that the visa holder has failed to comply with a written commitment of a kind mentioned in paragraph (2)(d), (3)(d) or (4)(d), or paragraph 2.43A(2)(e), that the visa holder has previously given in relation to the visa.
Other powers or duties to cancel
(6) Subregulations (2), (3) and (4) do not limit, or otherwise affect, a power or duty of the Minister to cancel the visa under:
(a) paragraph 116(1)(b) of the Act for non‑compliance with a condition (other than the restricted work condition) to which the visa holder’s visa is subject; or
(b) a provision other than paragraph 116(1)(b) of the Act.
Note: For example, see subregulation 2.43(2) for the circumstances in which the Minister must cancel a visa.
2.44 Invitation to comment—response
(1) For the purposes of subsection 121(2) of the Act (which deals with the time in which a holder must give comments, other than at interview), the periods set out in subregulation (2) are prescribed.
(2) The periods referred to in subregulation (1) begin when the visa holder is notified under subsection 119(2), or receives an invitation under subsection 120(2), as the case requires, and are:
(a) if the visa holder is in Australia—5 working days; or
(b) if the visa holder is outside Australia:
(i) where the cancellation of his or her visa is being considered in Australia—28 days; or
(ii) where the cancellation of his or her visa is being considered at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth in the country in which the visa holder is present—5 working days; or
(iii) where the cancellation of his or her visa is being considered at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth in another country than the country in which the visa holder is present—28 days.
(3) For the purposes of subsection 121(4) of the Act (which deals with extension of time to give comments), 5 working days is prescribed.
Note 1: Regulation 2.55 applies to the giving of a document relating to:
• the proposed cancellation of a visa under the Act; or
• the cancellation of a visa under the Act; or
• a decision to revoke or not to revoke the cancellation of a visa under the Act.
Note 2: A document given to a person in immigration detention is given in the manner specified in regulation 5.02.
2.46 Time to respond to notice of cancellation (Act, s 129(1)(c))
For the purposes of paragraph 129(1)(c) of the Act (which deals with response to cancellation of a visa), the following periods are prescribed:
(a) if the former holder of the visa is outside Australia when he or she is given a notice of the cancellation—28 days;
(b) if he or she is in Australia when he or she is given notice of the cancellation:
(i) if he or she wishes the cancellation to be reconsidered while he or she is in Australia—5 minutes; or
(ii) if he or she wishes the cancellation to be reconsidered while he or she is outside Australia, and he or she departs Australia as soon as possible after being given a notice of the cancellation—28 days;
beginning when the former holder of the visa is given a notice of the cancellation.
2.48 Revocation of cancellation (Act, s 131(2))
For the purposes of subsection 131(2) of the Act (which deals with the circumstances in which cancellation of a visa must not be revoked), the circumstance is that the visa was cancelled on a ground prescribed under subsection 116(3).
Note: The grounds prescribed under subsection 116(3) are grounds on which a visa must be cancelled. For those grounds, see subregulation 2.39(2).
2.49A Additional personal powers for Minister to cancel visas—period to submit information, material and representations
(1) For section 133D of the Act, information or material submitted by or on behalf of a person to satisfy the Minister that a ground for cancelling the person’s visa does not exist must not be considered by the Minister unless the information or material:
(a) is in writing; and
(b) is submitted within 28 days after the information or material is requested.
(2) For paragraph 133F(3)(b) of the Act, a representation must:
(a) be in writing; and
(b) be made within 28 days after the person is given the notice and information under paragraph 133F(3)(a) of the Act.
2.50 Cancellation of business visas
(2) For paragraph (a) of the definition of business visa in subsection 134(10) of the Act, the following classes of visas are prescribed:
(b) Business Skills—Business Talent (Permanent) (Class EA);
(c) Business Skills—Established Business (Residence) (Class BH);
(d) Business Skills (Provisional) (Class EB);
(e) Business Skills (Provisional) (Class UR);
(f) Business Skills (Permanent) (Class EC).
(4) For the definition of return visa in subsection 134(10) of the Act:
return visa means a Return (Residence) (Class BB) visa.
2.50AA Cancellation of regional sponsored employment visas
For section 137Q of the Act, each item in the table sets out:
(a) a kind of visa that is a regional sponsored employment visa; and
(b) the period within which a holder of a visa of that kind must commence the employment referred to in the employer nomination.
Item
Visa
Period
1
Subclass 119 (Regional Sponsored Migration Scheme) visa
6 months from the date the holder first entered Australia as the holder of the visa
2
Subclass 187 (Regional Sponsored Migration Scheme) visa
If the holder was in Australia on the date of grant of the visa, 6 months from the date of grant of the visa<br>If the holder was not in Australia on the date of grant of the visa, 6 months from the date the holder first entered Australia as the holder of the visa
3
Subclass 857 (Regional Sponsored Migration Scheme) visa
6 months from the date of grant of the visa
Subdivision 2.9.3—Refusal or cancellation on character grounds
2.52 Refusal or cancellation of visa—representations in respect of revocation of decision by Minister (Act, s 501C and 501CA)
(1) This regulation applies to representations made to the Minister under paragraphs 501C(3)(b) and 501CA(3)(b) of the Act.
(2) The representations must be made:
(a) for a representation under paragraph 501C(3)(b) of the Act—within 7 days after the person is given the notice under subparagraph 501C(3)(a)(i) of the Act; and
(b) for a representation under paragraph 501CA(3)(b) of the Act—within 28 days after the person is given the notice and the particulars of relevant information under paragraph 501CA(3)(a) of the Act.
(3) The representations must be in writing, and:
(a) in English; or
(b) if the representations are in a language other than English—accompanied by an accurate English translation.
(4) The representations must include the following information:
(a) the full name of the person to whom the representations relate;
(b) the date of birth of that person;
(c) one of the following:
(i) the applicant’s client number;
(ii) the Immigration file number;
(iii) the number of the receipt issued by Immigration when the visa application was made;
(d) if the visa application was made outside Australia—the name of the Australian mission or Immigration office at which the visa application was given to the Minister;
(e) a statement of the reasons on which the person relies to support the representations.
(5) A document accompanying the representations must be:
(a) the original document; or
(b) a copy of the original document that is certified in writing to be a true copy by:
(i) a Justice of the Peace; or
(ii) a Commissioner for Declarations; or
(iii) a person before whom a statutory declaration may be made under the Statutory Declarations Act 1959; or
(iv) if the copy is certified in a place outside Australia:
(A) a person who is the equivalent of a Justice of the Peace or a Commissioner for Declarations in that place; or
(B) a Notary Public.
(6) If a document accompanying the representations is in a language other than English, the document must be accompanied by an accurate English translation.
(7) For section 501C of the Act (see subsection (10)), a person is not entitled to make representations about revocation of an original decision if:
(a) the person is not a detainee; and
(b) the person is a non‑citizen in Australia; and
(c) either:
(i) the person has been refused a visa under section 501 or 501A of the Act; or
(ii) the last visa held by the person has been cancelled under either of those sections.
2.53 Submission of information or material (Act, s 501D)
(1) For section 501D of the Act, information or material must be:
(a) in writing; and
(b) received by the Minister or Immigration within 28 days after the person is invited by the Minister or Immigration to submit information or material.
(2) A document containing the information or material must be:
(a) the original document; or
(b) a copy of the original document that is certified in writing to be a true copy by: