Federal Register of Legislation - Australian Government

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Other as made
This instrument amends the Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021 to specify additional circumstances under these provisions to allow refunds of the first instalment of a visa application charge. Refunds are being made available to certain persons who continue to be adversely impacted by COVID-19 related travel difficulties and hold, or have held, a Subclass 300 Prospective Marriage (Temporary) visa.
Administered by: Home Affairs
Registered 28 Oct 2021
Tabling HistoryDate
Tabled HR22-Nov-2021
Tabled Senate22-Nov-2021
Date of repeal 30 Oct 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Commonwealth Coat of Arms

LIN 21/071

I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subparagraph 2.12F(1)(a)(ii) of the Migration Regulations 1994 (the Regulations).

Dated 21 October 2021

 

 

 

Alex Hawke

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

 

1          Name

                 This instrument is the Migration (VAC refunds for certain Prospective Marriage visas) Amendment Instrument (LIN 21/071) 2021.

2          Commencement

                 This instrument commences on the day after registration.

 3         Amendment

                 Schedule 1 amends Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021.

 

Schedule 1  Amendment

(section 3)

[1]       Subsection 5(2)

substitute

(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.  

[2]       After subsection 5(4)

insert

     (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.

[3]       Subsection 5(5)

omit

Paragraph (4)(d) does

insert

Subsections (4) and (4A) do

[4]       After subsection 5(6)

insert

        (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.