Section 40 — Migration Act 1958: Circumstances for granting visas

(1) The regulations may provide that visas or visas of a specified class may only be granted in specified circumstances. (2) Without limiting subsection (1), the circumstances may be, or may include, that, when the person is granted the visa, the person: (a) is outside Australia; or (b) is in immigration clearance; or (c) has been refused immigration clearance and has not subsequently been immigration cleared; or (d) is in the migration zone and, on last entering Australia: (i) was immigration cleared; or (ii) bypassed immigration clearance and had not subsequently been immigration cleared. (3) Without limiting subsection (1), the circumstances may be, or may include, that a person has complied with any requirement to provide one or more personal identifiers made under section 257A.