# Circumstances for granting visas

> act-s40 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

40 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.