{"id":"F2023L00080","name":"Migration (Refund of Second Instalment of Visa Application Charge) Instrument (LIN 23/022) 2023","slug":"migration-refund-of-second-instalment-of-visa-application-charge-instrument-lin-23-022-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103740,"registerId":"commonwealth-F2023L00080-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Refund of Second Instalment of Visa Application Charge) Instrument (LIN 23/022) 2023","content":"![Commonwealth Coat of Arms](image.001.png)\n\nLIN 23/022\n\nMigration (Refund of Second Instalment of Visa Application Charge) Instrument (LIN 23/022) 2023\n\nI, Karin Maier, delegate of the Minister for Immigration, Citizenship and Multicultural Affairs, under paragraph 2.12H(2)(f) of the Migration Regulations 1994 (the Regulations), specify in the Schedule the provisions of Schedule 1 to the Regulations under which the second instalment of the visa application charge is payable.\n\n\\[NOTE : Regulation 2.12H specifies that the Minister must refund the amount paid by way of the second instalment of the visa application charge in relation to an application for a visa, if any of certain specified circumstances exist and a written request is received from a specified person.\\]\n\nThis instrument is taken to have commenced on 2 October 2022.\n\nDated 2 February 2023\n\nKarin Maier\n\nAssistant Secretary, Skilled Visa Branch\n\n \n\n \n\nSchedule\n\n```html\n

SCHEDULE 1 PROVISION

VISA

CLASS

Item 1 of the table under paragraph 1104AA(2)(b)

Business Skills – Business Talent (Permanent)

Class EA

Item 2 of the table under paragraph 1104AA(2)(b)

Business Skills – Business Talent (Permanent)

Class EA

1104A(2)(b)(i)

Business Skills- Established Business (Residence)

Class BH

1104A(2)(b)(ii)

Business Skills - Established Business (Residence)

Class BH

1104B(2)(b)(i)

Business Skills (Residence)

Class DF

Item 1 of the table under paragraph 1104BA(2)(b)

Business Skills (Permanent)

Class EC

1112(2)(b)(i)

Distinguished Talent (Migrant)

Class AL

1114(2)(b)(i)

Employer Nomination (Migrant)

Class AN

1114(2)(b)(ii)

Employer Nomination (Migrant)

Class AN

Item 1 of the table under paragraph 1114B(2)(b)

Employer Nomination (Permanent)

Class EN

Item 2 of the table under paragraph 1114B(2)(b)

Employer Nomination (Permanent)

Class EN

Item 1 of the table under paragraph 1114C(2)(b)

Regional Employer Nomination (Permanent)

Class RN

Item 2 of the table under paragraph 1114C(2)(b)

Regional Employer Nomination (Permanent)

Class RN

1118A(2)(b)(i)

Special Eligibility

Class CB

1121(2)(b)(i)

Labour Agreement (Migrant)

Class AU

1121(2)(b)(ii)

Labour Agreement (Migrant)

Class AU

1121A(2)(b)(i)

Labour Agreement (Residence)

Class BV

1121A(2)(b)(ii)

Labour Agreement (Residence)

Class BV

Item 1 of the table under paragraph 1137(2)(b)

Skilled – Independent (Permanent)

Class SI

Item 1 of the table under paragraph 1138(2)(b)

Skilled – Nominated (Permanent)

Class SN

1202A(2)(b)(i)

Business Skills (Provisional)

Class UR

1202A(2)(b)(ii)

Business Skills (Provisional)

Class UR

Item 1 of the table under paragraph 1202B(2)(b)

Business Skills (Provisional)

Class EB

Item 2 of the table under paragraph 1202B(2)(b)

Business Skills (Provisional)

Class EB

Item 1 of the table under paragraph 1230(2)(b)

Skilled Regional Sponsored (Provisional)

Class SP

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument expressly specifies the Schedule 1 provisions under which the second instalment of the visa application charge is payable, thereby defining which visa classes are captured by the refund mechanism in regulation 2.12H. It takes effect from 2 October 2022, making the scope explicit and operable from that date."},"complexity_factors":["Delegated legislative instrument made under paragraph 2.12H(2)(f) of the Migration Regulations 1994 (legal technicality of delegation).","Large number of discrete visa classes and multiple cross-referenced regulation paragraphs listed in the Schedule (e.g. 1104AA, 1104A, 1114, 1121, 1137, 1202A, 1230), increasing mapping and compliance work.","Retrospective commencement: instrument is taken to have commenced on 2 October 2022, creating potential catch-up/refund administration for applications from that date.","Operative effect depends on factual trigger and an applicant’s written request under regulation 2.12H, creating case-by-case decision-making and evidentiary checks.","Narrow, technical effect (specifies which provisions attract the second instalment) but significant operational impact across visa programs for fee collection and refund processing.","Risk of interpretive complexity at the intersections of Schedule 1 provisions, class codes and instalment rules — requires precise administrative mapping."],"plain_english_summary":"This instrument identifies which Migration Regulations provisions require payment of the second instalment of the visa application charge and lists the visa classes affected. Where regulation 2.12H’s refund conditions are met and a written request is made, that second instalment must be refunded; the instrument operates from 2 October 2022."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument performs exactly its intended function: listing visa subclasses eligible for second instalment refunds. It does not expand beyond the original purpose established by regulation 2.12H of the Migration Regulations 1994."},"complexity_factors":["Single-purpose instrument with straightforward structure: preamble + single schedule table","No defined terms within the instrument itself — relies entirely on external references to Migration Regulations 1994","24 rows of tabular data mapping regulation provisions to visa classes, with repetitive formatting","Retrospective commencement date requires careful tracking but does not add interpretive complexity","No conditional logic, exceptions, or nested provisions within the instrument text","Heavy use of cross-references to specific paragraphs in Schedule 1 of the Migration Regulations (e.g., 'Item 1 of the table under paragraph 1104AA(2)(b)')"],"plain_english_summary":"This delegated instrument lists the 24 visa subclasses for which the Migration Regulations’ mandatory refund of the second instalment of the visa application charge can apply. It determines who may claim that refund (mainly business, employer‑sponsored and skilled visas).\n\nIt matters to applicants and their advisers because if a visa isn’t listed, no refund is available; the rule is backdated to 2 October 2022."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/migration-refund-of-second-instalment-of-visa-application-charge-instrument-lin-23-022-2023","history":"/api/acts/migration-refund-of-second-instalment-of-visa-application-charge-instrument-lin-23-022-2023/history","analysis":"/api/acts/migration-refund-of-second-instalment-of-visa-application-charge-instrument-lin-23-022-2023/analysis","conflicts":"/api/acts/migration-refund-of-second-instalment-of-visa-application-charge-instrument-lin-23-022-2023/conflicts","importantCases":"/api/acts/migration-refund-of-second-instalment-of-visa-application-charge-instrument-lin-23-022-2023/important-cases","documents":"/api/acts/migration-refund-of-second-instalment-of-visa-application-charge-instrument-lin-23-022-2023/documents"}}