# Powers of ART

> reg-4.33 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

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.