{"id":"F2021L00160","name":"Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021","slug":"migration-refund-of-visa-application-charge-instrument-lin-21-007-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101276,"registerId":"commonwealth-F2021L00160-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 Preliminary\n\n1 Name\n\nThis instrument is the Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021.\n\n3 Authority\n\nThis instrument is made under subparagraph 2.12F(1)(a)(ii) of the Migration Regulations 1994.\n\n4 Definitions\n\nIn this instrument:\n\n> 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.\n\n> Regulations means the Migration Regulations 1994.","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Refunds of first instalment of visa application charge","content":"## Part 2 Refunds of first instalment of visa application charge\n\n5 Refund—Subclass 300 (Prospective Marriage) visa\n\n(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:\n\n(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\n\n(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.\n\n(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.\n\n(3) A circumstance is that all of the following apply:\n\n(a) the visa ceased to be in effect during the period commencing on 20 March 2020 and ending on 5 October 2020;\n\n(b) the visa ceased to be in effect while the visa holder was outside Australia;\n\n(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;\n\n(d) the request for the refund is made on or before 31 December 2022.\n\n(4) Subject to subsection (5), a circumstance is that all of the following apply:\n\n(a) the visa ceased to be in effect during the period commencing on 20 March 2020 and ending on 5 October 2020;\n\n(b) the visa ceased to be in effect while the visa holder was in Australia;\n\n(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;\n\n(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;\n\n(e) the request for the refund is made on or before 31 December 2022.\n\n(4A) Subject to subsection (5), a circumstance is that all of the following apply:\n\n(a) the visa was in effect on 10 September 2021;\n\n(b) the visa holder entered Australia when the visa was in effect;\n\n(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;\n\n(d) the request for the refund is made on or before 31 December 2022;\n\n(e) at the time of the request the visa had ceased to be in effect.\n\n(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:\n\n(a) restricted the number of guests able to attend the proposed wedding of the visa holder and the visa holder’s sponsor; or\n\n(b) prevented guests, or particular guests, from attending the proposed wedding; or\n\n(c) prevented the proposed wedding taking place at the time or location preferred by the visa holder and the visa holder’s sponsor.\n\n(6) A circumstance is that all of the following apply:\n\n(a) the visa was in effect at any time during the period commencing on 6 October 2020 and ending on 10 December 2020;\n\n(b) the visa holder:\n\n(i) was outside Australia on 10 December 2020; and\n\n(ii) did not enter Australia after 10 December 2020 as the holder of that visa;\n\n(c) the request for the refund is made on or before 31 December 2022;\n\n(d) at the time of the request:\n\n(i) the visa had ceased to be in effect; or\n\n(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.\n\n(7) A circumstance is that all of the following apply:\n\n(a) the visa was in effect on 15 September 2021;\n\n(b) the visa holder:\n\n(i) was outside Australia on 15 September 2021; and\n\n(ii) did not enter Australia after 15 September 2021 as the holder of that visa;\n\n(c) the request for refund is made on or before 31 December 2022;\n\n(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.\n\n6 Refund—Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Labour Scheme stream\n\n(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.\n\n(2) For the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.\n\n(3) The circumstance is that all of the following apply:\n\n(a) the visa was granted before 20 March 2020;\n\n(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;\n\n(c) the request for the refund is made on or before 31 December 2021;\n\n(d) at the time of decision on the request, the visa had ceased to be in effect;\n\n(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.\n\n7 Refund—Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream\n\n(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.\n\n(2) For the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.\n\n(3) The circumstance is that all of the following apply:\n\n(a) the visa was granted before 20 March 2020;\n\n(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;\n\n(c) the request for the refund is made on or before 31 December 2021;\n\n(d) at the time of decision on the request, the visa had ceased to be in effect;\n\n(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.\n\n8 Refund—Subclass 417 (Working Holiday) visa\n\n(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.\n\n(2) For the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.\n\n(3) The circumstance is that all of the following apply:\n\n(a) the visa was granted before 20 March 2020;\n\n(b) either:\n\n(i) the person to whom the visa was granted did not enter Australia under the visa; or\n\n(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;\n\n(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;\n\n(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;\n\n(e) the person has not applied for another Subclass 417 (Working Holiday) visa;\n\n(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;\n\n(g) the request for the refund is made on or before 31 December 2022.\n\n9 Refund—Subclass 462 (Work and Holiday) visa\n\n(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.\n\n(2) For the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.\n\n(3) The circumstance is that all of the following apply:\n\n(a) the visa was granted before 20 March 2020;\n\n(b) either:\n\n(i) the person to whom the visa was granted did not enter Australia under the visa; or\n\n(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;\n\n(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;\n\n(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;\n\n(e) the person has not applied for another Subclass 462 (Work and Holiday) visa;\n\n(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;\n\n(g) the request for the refund is made on or before 31 December 2022.\n\n10 Refund—certain visas where visa holder entered Australia on or after 19 January 2022\n\n(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 the following visas:\n\n(a) an eligible student visa; and\n\n(b) a Subclass 417 (Working Holiday) visa; and\n\n(c) a Subclass 462 (Work and Holiday) visa.\n\n(2) For the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.\n\n(3) The circumstance is that all of the following apply:\n\n(a) the person to whom the visa was granted entered Australia under the visa:\n\n(i) for an eligible student visa—between 19 January 2022 and 19 March 2022; or\n\n(ii) for a Subclass 417 (Working Holiday) visa or Subclass 462 (Work and Holiday) visa—between 19 January 2022 and 19 April 2022;\n\n(b) the request for the refund is made on or before 31 December 2022.\n\n(4) In this section:\n\n> eligible student visa means any of the following:\n\n(a) a Subclass 500 (Student) visa;\n\n(b) a Subclass 560 (Student Temporary) visa;\n\n(c) a Subclass 571 (Student Schools Sector) visa;\n\n(d) a Subclass 572 (Vocational Education and Training Sector) visa;\n\n(e) a Subclass 573 (Higher Education Sector) visa;\n\n(f) a Subclass 574 (Postgraduate Research Sector) visa;\n\n(g) a Subclass 575 (Non-Award Sector) visa.\n\n11 Refund—Subclass 132 (Business Talent) visa and Subclass 188 (Business Innovation and Investment Provisional) visa\n\n(1) \n  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 the following visas:\n\n(a) a Subclass 132 (Business Talent) visa;\n\n(b) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream;\n\n(c) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream;\n\n(d) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream;\n\n(e) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.\n\n(2) \n  For the purposes of subparagraph\n \n  2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.\n\n(3) \n  The circumstance is that all of the following apply:\n\n(a) an application for a visa mentioned in subsection (1) was made at any time;\n\n(b) the application for the visa has not been finally determined;\n\n(c) the Minister has received a written request to withdraw the application;\n\n(d) the request to withdraw the application is made in writing on or after 31 July 2024.","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument began as a set of targeted refunds linked to COVID‑19 disruptions (travel and marriage disruption in 2020–2021). It has been extended to cover a broader set of visas and factual scenarios, and it includes a distinct later expansion for business visa applicants (Subclass 132 and Subclass 188 streams) that permits refund requests when an applicant withdraws on or after 31 July 2024 (s 11). That business-visa clause is not limited to pandemic-era travel disruptions and introduces a temporal expansion beyond the original COVID-focused relief windows. Overall, the instrument’s scope has grown from immediate pandemic-response refunds to include later, non-identical grounds (voluntary withdrawal of pending business visa applications) and multiple discrete date-based windows across different visa classes."},"complexity_factors":["Multiple visa subclasses covered (at least 8 distinct subclasses/streams: 300, 403 two streams, 417, 462, multiple student subclasses, 132, 188 streams)","Numerous time windows and cut-off dates (e.g. grant/entry windows in March–December 2020, entry windows in Jan–Apr 2022; request deadlines 31 Dec 2021, 31 Dec 2022, and a separate 31 Jul 2024 date)","Several conditional tests layered together (visa ceased to be in effect; holder inside/outside Australia; cancellation only if visa holder requested it under regs 2.43(1)(g)/(h); inability to marry ‘only because’ of COVID restrictions)","Explicit negative exceptions (s 5(5) excludes certain COVID impacts—guest limits, particular guests, timing/location preferences)","Cross-references to the Migration Regulations (subparagraph 2.12F(1)(a)(ii); paragraph 2.43(1)(g)/(h)) and to another LIN instrument for the COVID definition (nested external references)","Eligibility tied to other eligibility tests (e.g. age caps for reapplying for Subclass 417/462 under Schedule 2 provisions)","Different deadlines and requirements across nearly every section (increases conditional branching for administrators and applicants)"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Allows the Australian Government to refund the *first instalment* of the visa application charge (VAC) for particular visas when narrowly specified circumstances apply. (See instrument made under subparagraph 2.12F(1)(a)(ii) of the Migration Regulations 1994.)\n\n- The instrument lists which visas and what factual windows or conditions qualify for a refund. The relevant provisions are: Subclass 300 (Prospective Marriage) (s 5); Subclass 403 (Pacific Labour Scheme and Seasonal Worker Program) (ss 6–7); Subclass 417 (Working Holiday) (s 8); Subclass 462 (Work and Holiday) (s 9); certain student and working-holiday / work-and-holiday visas for specified entry dates in early 2022 (s 10); and certain business visas where the applicant withdraws the application (s 11).\n\n- Most refunds are only available for requests made by specific cut-off dates (commonly 31 December 2022; the two Subclass 403 streams use 31 December 2021; s 11 requires a written withdrawal request made on or after 31 July 2024). Many refund rules also require that, at the time of decision, the visa had ceased to be in effect or that the visa holder asked the Minister to cancel the visa under paragraph 2.43(1)(g) (or (h) in some sections) of the Regulations.\n\n**Who is affected\n\n- Individuals who paid the first instalment of the VAC for the listed visa subclasses and who meet the narrow factual conditions in each section (for example, time windows for visa grant, entry, departure, or where COVID-related restrictions prevented marriage for Subclass 300). (See ss 5–11.)\n\n- The Commonwealth (through the Department of Home Affairs / the Minister) who will determine and pay refunds where conditions are met.\n\n**Key conditions and examples (by section)\n\n- Subclass 300 (Prospective Marriage) (s 5): Refunds can apply where the visa ceased to be in effect in set periods (various windows between 20 March 2020 and late 2021), often requiring the visa holder to have been outside Australia (or in Australia but prevented from marrying the sponsor because of COVID restrictions). Refunds do not cover cases where only guest limits, particular guests being unable to attend, or timing/location preferences prevented the wedding (s 5(5)). The applicant must request the refund by 31 December 2022.\n\n- Subclass 403 (Pacific Labour Scheme and Seasonal Worker Program) (ss 6–7): Eligible where the visa was granted before 20 March 2020 but the holder did not make their first entry by the date specified by the Minister; request deadlines are 31 December 2021; refund available only where the visa had ceased to be in effect at decision time, and cancellations count only if the person asked the Minister to cancel under reg. 2.43(1)(g).\n\n- Subclass 417 and 462 (ss 8–9): Eligible where the visa was granted before 20 March 2020 and the holder either never entered Australia under the visa or left during 20 March 2020–31 December 2021 and did not re-enter; further conditions include that the visa ceased to be in effect while the person was outside Australia, the person has not reapplied for the same subclass, and the person is now ineligible for a new visa of that subclass because of age limits. Request deadline: 31 December 2022.\n\n- Certain student, 417 and 462 visas where entry occurred in early 2022 (s 10): Refunds available for people who entered Australia under those visas between specified dates in January–April 2022, provided the refund request is made by 31 December 2022.\n\n- Business visas (Subclass 132 and streams of Subclass 188) (s 11): Refunds of the first VAC instalment where an application has not been finally determined and the applicant submits a written request to withdraw the application on or after 31 July 2024.\n\n**Why it matters (stated purpose and practical effects)\n\n- The instrument operationalises targeted refunds of part of the visa fee where specific travel, entry, timing, age or COVID‑related disruption conditions are satisfied. The stated COVID linkage for many provisions points to relief for pandemic-related travel and marriage disruption (s 5 cites a COVID‑19 definition linked to another instrument).\n\n- Who pays and who decides: the Commonwealth pays the refund; the Minister (or delegate) decides each request under the Migration Regulations framework (the instrument relies on subparagraph 2.12F(1)(a)(ii) of the Regulations).\n\n**Practical incentives, costs, and trade-offs\n\n- Incentives created: where refunds are only available if the visa has ceased to be in effect and, in some cases, only where the visa holder asked the Minister to cancel, some holders may be incentivised to request cancellation or to withdraw pending applications to qualify for a refund (see ss 5, 6–7, 11). The business-visa provision (s 11) explicitly ties refunds to voluntary withdrawal requests made on or after 31 July 2024, which may encourage late withdrawals.\n\n- Concentrated beneficiaries and diffuse costs: benefits are concentrated on specific cohorts of visa holders (particular subclasses, specific time windows). The cost of refunds is borne by the Commonwealth budget; the instrument does not reallocate costs to any private party.\n\n- Compliance and administrative burden: claimants must meet precise timing and factual tests (dates of grant/entry/departure, evidence the visa ceased to be in effect, proof that inability to marry was due to COVID restrictions rather than guest limits/timing/location — s 5(5)). The department must verify these factual claims and cross-reference other instruments and Regulations (for example, the instrument-defines COVID‑19 by reference to another LIN instrument). This increases verification work for both applicants and the department.\n\n- Implementation risk and discretion: the Minister or delegate must apply legal tests (e.g. whether COVID restrictions \"prevented\" a marriage). Those assessments can involve discretion and evidence evaluation. Cross-references to other provisions of the Regulations (e.g. para 2.43(1)(g)/(h)) and other instruments add to the verification complexity.\n\n**Limitations and important exclusions\n\n- Refunds are limited to the first instalment of the VAC; other visa charges are not covered.\n\n- Several provisions are time-limited — many claims must have been made by 31 December 2022 (and some by 31 December 2021). The business-visa refund stream requires withdrawal requests from 31 July 2024 onwards (s 11).\n\n- Certain COVID-related wedding problems are excluded from qualifying reasons (s 5(5)).\n\n**Relevant provisions to check when claiming or advising a client**\n\n- Section 5 for detailed conditions on Subclass 300 and its exceptions;\n- Sections 6–7 for Subclass 403 streams and the earlier claim deadline;\n- Sections 8–9 for Subclass 417 and 462 conditions including age ineligibility and non-reapplication requirements;\n- Section 10 for early‑2022 entrant refunds for student and WH/WaH visas;\n- Section 11 for business-visa withdrawals with the unusual effective date requirement (withdrawal on or after 31 July 2024).\n\n(End of summary.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument began as a COVID-19 pandemic response measure (evidenced by the 2020-2022 date ranges and COVID-specific conditions in sections 5-10), but was later amended or expanded to include section 11 covering Business Talent and Business Innovation visas with a withdrawal date of 31 July 2024. This extends the instrument's operation well beyond the immediate pandemic period and into a different policy context (business migration program changes), suggesting the instrument has been repurposed as a general vehicle for visa refund circumstances rather than remaining strictly limited to pandemic-related refunds."},"complexity_factors":["Multiple overlapping date ranges for different visa subclasses (e.g., 20 March 2020 to 5 October 2020 vs 6 October 2020 to 10 December 2020 vs 19 January 2022 to 19 March/April 2022)","Nested conditional logic with multiple 'all of the following apply' requirements (subsections 5(3), 5(4), 5(4A), 5(6), 5(7) each contain 4-5 cumulative conditions)","Exception to exceptions structure in section 5: subsections (4) and (4A) are subject to subsection (5), which itself contains three alternative disqualifying circumstances (guest limits, specific guest prevention, or time/location preferences)","Cross-references to external instruments (LIN 20/229 for COVID-19 pandemic definition) and multiple provisions of the Migration Regulations 1994 (paragraphs 2.43(1)(g), 2.43(1)(h), subparagraphs 1124B(2)(a)(v) and (vi), and Schedule 2 clauses 417.211(2)(b) and 462.212)","Different deadline dates for refund requests across sections (31 December 2021 for sections 6-7, 31 December 2022 for sections 5, 8-10, and 31 July 2024 for section 11)","Distinguishing between visa cessation 'because it was cancelled' versus other forms of cessation, and between voluntary cancellation at applicant's request versus other cancellations"],"plain_english_summary":"This instrument sets rules for refunding the first instalment of certain Australian visa application charges when visa holders couldn’t use their visas because of COVID‑19 travel restrictions. It covers affected groups including prospective spouses, seasonal and Pacific workers, working‑holidaymakers, some students, and certain business migrants, subject to time‑limits, specific cessation/cancellation and eligibility rules. It matters because it lets people who paid for visas they couldn’t use recover fees they lost through no fault of their own."},"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-visa-application-charge-instrument-lin-21-007-2021","history":"/api/acts/migration-refund-of-visa-application-charge-instrument-lin-21-007-2021/history","analysis":"/api/acts/migration-refund-of-visa-application-charge-instrument-lin-21-007-2021/analysis","conflicts":"/api/acts/migration-refund-of-visa-application-charge-instrument-lin-21-007-2021/conflicts","importantCases":"/api/acts/migration-refund-of-visa-application-charge-instrument-lin-21-007-2021/important-cases","documents":"/api/acts/migration-refund-of-visa-application-charge-instrument-lin-21-007-2021/documents"}}