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IMMI 16/099 Specifications as made
This instrument specifies when a Non-Internet Application Charge (NIAC) is payable by an applicant to lodge a visa. It also specifies circumstances where the NIAC is not payable for an applicant for specified visas.
Administered by: Home Affairs
Registered 18 Nov 2016
Tabling HistoryDate
Tabled HR21-Nov-2016
Tabled Senate22-Nov-2016


Commonwealth of Australia

Migration Regulations 1994

VISAS ATTRACTING A NON-INTERNET APPLICATION CHARGE 2016/099

(paragraph 2.12C(7)(a) and subregulation 2.12C(8))

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subregulations 2.12C(7) and 2.12C(8) of the Migration Regulations 1994 (the Regulations):

1.             REVOKE Instrument IMMI 13/145 (F2013L01937), Visas Attracting a Non-Internet Application Charge, signed 7 November 2013;

2.             SPECIFY for the purposes of paragraph 2.12C(7)(a) of the Regulations the following visas:

a.         Subclass 155 – Five Year Resident Return;

b.        Subclass 157 – Three Month Resident Return;

c.         Subclass 417 – Working Holiday;

d.        Subclass 462 – Work and Holiday;

e.         Subclass 476 – Skilled – Recognised Graduate; and

f.         Subclass 485 – Temporary Graduate.

3.             SPECIFY for the purposes of subregulation 2.12C(8) of the Regulations (in the Schedule to this Instrument) the circumstances where the non-Internet application charge is not payable by an applicant.

This Instrument Visas Attracting a Non-Internet Application Charge 2016/099, IMMI 16/099 commences immediately after the commencement of the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016.

Dated: 16 November 2016

Peter Dutton

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection


SCHEDULE

 

Circumstances

For Applicant of Visa Subclass

1

The movement database (being a notified data base for the purposes of section 489 of the Migration Act 1958 (the Act)) does not contain a movement record on or after 1 September 1994 in relation to the applicant.

155 and 157

2

The applicant last entered Australia on or after 1 September 1994 and held a temporary visa at the time of that entry and has not been granted a permanent visa since last entering Australia.

155 and 157

3

The applicant claims to be a member of the family unit of a visa holder of a Subclass 476 visa or a Subclass 485 visa that was granted on the basis of that visa holder having satisfied the primary criteria for the grant of that relevant 476 or 485 visa.

476 and 485

4

The applicant claims to have a dependent child.

417 and 462

5

The Minister has waived condition 8503, 8534 or 8535 in relation to the applicant (under regulation 2.05 of the Migration Regulations 1994).

All visa subclasses that are NIAC liable

6

The applicant is the holder of a Subclass 487 visa having satisfied the primary criteria for the grant of the visa and has made a combined application with another applicant who is also a holder of a Subclass 487 visa having satisfied the primary criteria for the grant of that visa.

485

7

The applicant is a former Australian citizen.

All visa subclasses that are NIAC liable

8

The applicant is not the holder of a travel document required for the lodgement of an Internet application.

155 and 157

9

The applicant is barred from lodging an application by the operation of section 48 of the Act.

155 and 157

10

The applicant has not held a class of visa required for the lodgement of an Internet application.

155 and 157

11

The applicant has not previously held a subclass 462 visa

462