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LIN 21/007 Other as amended, taking into account amendments up to Migration (VAC refunds for certain Prospective Marriage visas) Amendment Instrument (LIN 21/071) 2021
This instrument specifies circumstances to allow refunds of the first instalment of visa application charge. Refunds are being made available in respect of visa holders and former visa holders who have been impacted due to COVID-19 pandemic travel restrictions introduced on 20 March 2020 and hold, or have held, a Subclass 300 Prospective Marriage (Temporary) visa, a Subclass 403 Temporary Work (International Relations) visa in the Pacific Labour Scheme stream, a Subclass 403 Temporary Work (International Relations) visa in the Seasonal Worker Program stream, a Subclass 417 Working Holiday (Temporary) visa, and a Subclass 462 (Work and Holiday) visa.
Administered by: Home Affairs
Registered 29 Nov 2021
Start Date 29 Oct 2021
End Date 18 Jan 2022

Commonwealth Coat of Arms

LIN 21/007

Compilation no. 1

 

Compilation date 29 October 2021

 

This compilation was prepared by the Department of Home Affairs on 29 October 2021 taking into account amendments up to Migration (VAC refunds for certain Prospective Marriage visas) Amendment Instrument (LIN 21/071) 2021.


Contents

Part 1                   Preliminary                                                                                      3

1       Name                                                                                                                                                                                           3

3       Authority                                                                                                                                                                                    3

4       Definitions                                                                                                                                                                                  3

Part 2                   Refunds of first instalment of visa application charge                   4

5       Refund—Subclass 300 (Prospective Marriage) visa                                                                                                 4

6       Refund—Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Labour Scheme stream              5

7       Refund—Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream       6

8       Refund—Subclass 417 (Working Holiday) visa                                                                                                           6

9       Refund—Subclass 462 (Work and Holiday) visa                                                                                                        7

Notes                                                                                                                                                  8


 

Part 1            Preliminary

  

1          Name

                 This instrument is the Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021.

3          Authority

                 This instrument is made under subparagraph 2.12F(1)(a)(ii) of the Migration Regulations 1994.

4          Definitions

                 In this instrument:

COVID‑19 pandemic has the same meaning as in the Migration (LIN 20/229: COVID‑19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020.

Regulations means the Migration Regulations 1994.


 

Part 2            Refunds of first instalment of visa application charge

5          Refund—Subclass 300 (Prospective Marriage) visa

        (1)     This section applies in relation to a refund of the amount paid by way of the first instalment of the visa application charge in relation to an application for a Subclass 300 (Prospective Marriage) visa unless:

(a)   before the Subclass 300 (Prospective Marriage) visa ceased to be in effect, the visa holder, or the visa holder’s sponsor, notified the Minister that the visa holder and the visa holder’s sponsor no longer intended to marry; or

(b)   at any time after the Subclass 300 (Prospective Marriage) visa was granted, the visa holder applied for a Subclass 801 (Partner) visa and paid the first instalment of the visa application charge for the Subclass 801 (Partner) visa under subparagraph 1124B(2)(a)(v) or 1124B(2)(a)(vi) of Schedule 1 to the Regulations.

        (2)     For subparagraph 2.12F(1)(a)(ii) of the Regulations, a circumstance set out in any of subsections (3), (4), (4A), (6) and (7) is specified. 

        (3)     A circumstance is that all of the following apply:

(a)   the visa ceased to be in effect during the period commencing on 20 March 2020 and ending on 5 October 2020;

(b)   the visa ceased to be in effect while the visa holder was outside Australia;

(c)   if the visa ceased to be in effect because it was cancelled, the cancellation occurred only because the visa holder asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) of the Regulations;

(d)   the request for the refund is made on or before 31 December 2022.

        (4)     Subject to subsection (5), a circumstance is that all of the following apply:

(a)   the visa ceased to be in effect during the period commencing on 20 March 2020 and ending on 5 October 2020;

(b)   the visa ceased to be in effect while the visa holder was in Australia;

(c)   if the visa ceased to be in effect because it was cancelled, the cancellation occurred only because the visa holder asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) of the Regulations;

(d)   the visa holder was unable to marry the visa holder’s sponsor before the visa ceased to be in effect only because of restrictions imposed as a result of the COVID‑19 pandemic;

(e)   the request for the refund is made on or before 31 December 2022. 

     (4A)     Subject to subsection (5), a circumstance is that all of the following apply:

(a)   the visa was in effect on 10 September 2021;

(b)   the visa holder entered Australia when the visa was in effect;

(c)   the visa holder was unable to marry the visa holder’s sponsor before the visa ceased to be in effect only because of restrictions imposed as a result of the COVID-19 pandemic;

(d)   the request for the refund is made on or before 31 December 2022;

(e)   at the time of the request the visa had ceased to be in effect.

        (5)     Subsections (4) and (4A) do not apply if the visa holder did not marry the visa holder’s sponsor only because restrictions imposed as a result of the COVID‑19 pandemic:

(a)   restricted the number of guests able to attend the proposed wedding of the visa holder and the visa holder’s sponsor; or

(b)   prevented guests, or particular guests, from attending the proposed wedding; or

(c)   prevented the proposed wedding taking place at the time or location preferred by the visa holder and the visa holder’s sponsor.

        (6)     A circumstance is that all of the following apply:

(a)   the visa was in effect at any time during the period commencing on 6 October 2020 and ending on 10 December 2020;

(b)   the visa holder:

             (i)  was outside Australia on 10 December 2020; and

            (ii)  did not enter Australia after 10 December 2020 as the holder of that visa;

(c)   the request for the refund is made on or before 31 December 2022;

(d)   at the time of the request:

             (i)  the visa had ceased to be in effect; or

            (ii)  the visa holder had asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) or (h) of the Regulations.

        (7)     A circumstance is that all of the following apply:

(a)   the visa was in effect on 15 September 2021;

(b)   the visa holder:

             (i)  was outside Australia on 15 September 2021; and

            (ii)  did not enter Australia after 15 September 2021 as the holder of that visa;

(c)   the request for refund is made on or before 31 December 2022;

(d)   at the time of the request, the visa had ceased to be in effect because the visa holder had asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) or (h) of the Regulations.

6          Refund—Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Labour Scheme stream

        (1)     This section applies in relation to a refund of the amount paid by way of the first instalment of the visa application charge in relation to an application for a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Labour Scheme stream.

        (2)     For the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.

        (3)     The circumstance is that all of the following apply:

(a)   the visa was granted before 20 March 2020;

(b)   the person to whom the visa was granted did not make the person’s first entry into Australia under the visa by the date specified by the Minister for the purpose;

(c)   the request for the refund is made on or before 31 December 2021;

(d)   at the time of decision on the request, the visa had ceased to be in effect;

(e)   if the visa ceased to be in effect because it was cancelled, the cancellation occurred only because the person asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) of the Regulations.

7          Refund—Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream

        (1)     This section applies in relation to a refund of the amount paid by way of the first instalment of the visa application charge in relation to an application for a Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream.

        (2)     For the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.

        (3)     The circumstance is that all of the following apply:

(a)   the visa was granted before 20 March 2020;

(b)   the person to whom the visa was granted did not make the person’s first entry into Australia under the visa by the date specified by the Minister for the purpose;

(c)   the request for the refund is made on or before 31 December 2021;

(d)   at the time of decision on the request, the visa had ceased to be in effect;

(e)   if the visa ceased to be in effect because it was cancelled, the cancellation occurred only because the person asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) of the Regulations.

8          Refund—Subclass 417 (Working Holiday) visa

        (1)     This section applies in relation to a refund of the amount paid by way of the first instalment of the visa application charge in relation to an application for a Subclass 417 (Working Holiday) visa.

        (2)     For the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.

        (3)     The circumstance is that all of the following apply:

(a)   the visa was granted before 20 March 2020;

(b)   either:

             (i)  the person to whom the visa was granted did not enter Australia under the visa; or

            (ii)  the person departed Australia during the period commencing on 20 March 2020 and ending on 31 December 2021 and did not re‑enter Australia under the visa;

(c)   the visa ceased to be in effect during the period commencing on 20 March 2020 and ending on 31 December 2021 while the person was outside Australia;

(d)   if the visa ceased to be in effect because it was cancelled, the cancellation occurred only because the person asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) of the Regulations;

(e)   the person has not applied for another Subclass 417 (Working Holiday) visa;

(f)    the person is unable to be granted another Subclass 417 (Working Holiday) visa because the person does not satisfy the age requirements mentioned in paragraph 417.211(2)(b) of Schedule 2 to the Regulations;

(g)   the request for the refund is made on or before 31 December 2022.

9          Refund—Subclass 462 (Work and Holiday) visa

        (1)     This section applies in relation to a refund of the amount paid by way of the first instalment of the visa application charge in relation to an application for a Subclass 462 (Work and Holiday) visa.

        (2)     For the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.

        (3)     The circumstance is that all of the following apply:

(a)   the visa was granted before 20 March 2020;

(b)   either:

             (i)  the person to whom the visa was granted did not enter Australia under the visa; or

            (ii)  the person departed Australia during the period commencing on 20 March 2020 and ending on 31 December 2021 and did not re‑enter Australia under the visa;

(c)   the visa ceased to be in effect during the period commencing on 20 March 2020 and ending on 31 December 2021 while the person was outside Australia;

(d)   if the visa ceased to be in effect because it was cancelled, the cancellation occurred only because the person asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) of the Regulations;

(e)   the person has not applied for another Subclass 462 (Work and Holiday) visa;

(f)    the person is unable to be granted another Subclass 462 (Work and Holiday) visa because the person does not satisfy the age requirements mentioned in clause 462.212 of Schedule 2 to the Regulations;

(g)   the request for the refund is made on or before 31 December 2022.


Notes

This compilation comprises Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021 amended as indicated in the following tables.

Table of instruments

Name

Registration

Number

Commencement

Application, saving or transitional provisions

Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021

26 February 2021

F2021L00160

27 February 2021

--

Migration (VAC refunds for certain Prospective Marriage visas) Amendment Instrument (LIN 21/071) 2021

28 October 2021

F2021L01467

29 October 2021

--

Table of amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

section 2.................

rep. Legislation Act 2003, s. 48D

section 5.................

am. LIN 21/071