(ii) the item in Schedule 1 that relates to the visa;
about where to make the application; or
(b) if there are no requirements of that kind—at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.
Note 1: Schedule 1 explains whether applications for particular visas may be made in Australia, outside Australia, or in or outside Australia.
Note 2: A provision in this Division or in Schedule 1 may also state that an application is taken to have been made at a particular place if specified requirements are met.
(2A) If an application for a visa is made in Australia, the application must be made:
(a) in accordance with any requirements in:
(i) this Division; or
(ii) the item in Schedule 1 that relates to the visa;
about where to make the application; or
(b) if there are no requirements of that kind—at an office of Immigration in Australia.
Note 1: Schedule 1 explains whether applications for particular visas may be made in Australia, outside Australia, or in or outside Australia.
Note 2: A provision in this Division or in Schedule 1 may also state that an application is taken to have been made at a particular place if specified requirements are met.
(3) An unlawful non‑citizen who is located by an officer of Immigration may apply for a bridging visa directly to that officer.
Note: Requirements about where the applicant must be when making an Internet application are in Schedule 1.
2.10AA Where application must be made for certain visas
(1) This regulation applies to:
(a) a person who is:
(i) outside Australia; and
(ii) a citizen of, or residing in, a foreign country specified in a legislative instrument made by the Minister for the purposes of this subparagraph; and
(iii) in that foreign country; and
(b) an application (other than an Internet application) made by the person for a visa that is specified in a legislative instrument made by the Minister for the purposes of this paragraph.
(2) The application must be made by:
(a) posting the application (with the correct pre‑paid postage) to a post office box address specified for the visa in a legislative instrument made by the Minister for the purposes of this paragraph; or
(b) having the application delivered by a courier service to an address specified for the visa in a legislative instrument made by the Minister for the purposes of this paragraph.
(3) The application is taken to have been made outside Australia.
2.10A Notice of lodgment of application—person in immigration detention (Bridging E (Class WE) visa)
(1) This regulation applies in the case of an application for a Bridging E (Class WE) visa that is made by a person who is in immigration detention (the applicant).
(2) For section 46 of the Act, the person lodging the application (whether or not the person is the applicant) must give written notice of the application to an officer of Immigration appointed by the Secretary to be a detention review officer in the State or Territory in which the applicant is detained.
2.10B Notice of lodgment of application—person in immigration detention (Bridging F (Class WF) visa)
(1) This regulation applies in the case of an application for a Bridging F (Class WF) visa that is made by a person who is in immigration detention (the applicant).
(2) For section 46 of the Act, the person lodging the application (whether or not the person is the applicant) must give written notice of the application to an officer of Immigration appointed by the Secretary to be an authorised officer for this regulation.
2.10C Time of making Internet application
For these Regulations, an Internet application is taken to have been made:
(a) if Australian Eastern Standard Time is in effect in Australia—at the time, identified using Australian Eastern Standard Time, that corresponds to the time at which the Internet application is made; or
(b) if Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory is in effect in Australia—at the time, identified using Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory, that corresponds to the time at which the Internet application is made.
2.11 Special provisions for certain visa applications that are refused
(1) If:
(a) an application for a visa by a non‑citizen made outside Australia (a first application) has been made; and
(b) the first application has been refused; and
(c) it appears to the Minister, on the basis of the information available to the Minister, that, if the non‑citizen had applied for a visa of a different class, the visa would be likely to have been granted;
the Minister may invite the non‑citizen to make an application (a further application) for a visa of the different class.
(2) An invitation made under subregulation (1) is to be an invitation:
(a) if the first application was for a permanent visa—to make an application for a permanent visa; or
(b) if the first application was for a temporary visa—to make an application for a temporary visa.
(2A) However:
(a) if the first application was for a Prospective Marriage (Temporary) (Class TO) visa, the Minister may invite the applicant to make a further application for both:
(i) a Partner (Provisional) (Class UF) visa; and
(ii) a Partner (Migrant) (Class BC) visa; and
(b) if the first application was for both:
(i) a Partner (Provisional) (Class UF) visa; and
(ii) a Partner (Migrant) (Class BC) visa;
the Minister may invite the applicant to make a further application for a Prospective Marriage (Temporary) (Class TO) visa.
(3) The ART is not to invite a further application under subregulation (1).
(4) The non‑citizen must make the further application within 28 days (or, if the Minister in the circumstances of the case so decides, 70 days) after the day on which the non‑citizen is notified of the invitation to make that application.
(5) The actual amount that is payable by the applicant by way of the visa application charge in relation to the further application is the amount (if any) by which liability for the visa application charge in relation to the further application exceeds the actual amount of the visa application charge paid on the first application.
(6) If the first instalment of the visa application charge payable in relation to the further application is less than the actual amount paid in relation to the first application, no refund is payable in respect of the difference.
2.11A Visa applications by unauthorised maritime arrivals
For subparagraph 46A(1)(b)(ii) of the Act, the following kinds of visas are prescribed:
(c) Subclass 785 visas granted before 2 December 2013;
(d) Safe Haven Enterprise (Class XE) visas.
Note: Section 46A of the Act prevents the making of a valid visa application by an unauthorised maritime arrival who is an unlawful non‑citizen or holds a bridging visa or a temporary protection visa, or a temporary visa of a prescribed kind.
2.11B Visa applications by transitory persons
For subparagraph 46B(1)(b)(ii) of the Act, the following kinds of visas are prescribed:
(c) Subclass 785 visas granted before 2 December 2013;
(d) Safe Haven Enterprise (Class XE) visas.
Note: Section 46B of the Act prevents the making of a valid visa application by a transitory person who is an unlawful non‑citizen or holds a bridging visa or a temporary protection visa, or a temporary visa of a prescribed kind.
2.12 Certain non‑citizens whose applications refused in Australia (Act, s 48)
For section 48 of the Act the following classes of visas are prescribed:
(a) Partner (Temporary) (Class UK);
(b) Partner (Residence) (Class BS);
(c) protection visas;
(ca) Medical Treatment (Visitor) (Class UB);
(e) Territorial Asylum (Residence) (Class BE);
(f) Border (Temporary) (Class TA);
(g) Special Category (Temporary) (Class TY);
(h) Bridging A (Class WA);
(j) Bridging B (Class WB);
(k) Bridging C (Class WC);
(l) Bridging D (Class WD);
(m) Bridging E (Class WE);
(ma) Bridging F (Class WF);
(mb) Bridging R (Class WR);
(o) Resolution of Status (Class CD);
(p) Child (Residence) (Class BT);
(q) Retirement (Temporary) (Class TQ);
(r) Investor Retirement (Class UY);
(s) Skilled—Nominated (Permanent) (Class SN);
(t) Skilled Work Regional (Provisional) (Class PS);
Note: Section 48 of the Act limits further applications by a person whose visa has been cancelled, or whose application for a visa has been refused.
Division 2.2A—Visa application charge
2.12C Amount of visa application charge
(1) For subsection 45B(1) of the Act, the visa application charge (if any) in relation to an application for a visa of a class to which an item of Schedule 1 relates is the sum of:
(a) the first instalment (which is payable when the application is made), consisting of the following components:
(i) the base application charge or the additional applicant charge;
(ii) any subsequent temporary application charge;
(iii) any non‑Internet application charge; and
(b) the second instalment (which is payable before the grant of the visa).
Note 1: The first instalment may include one or more of the components explained in this regulation.
Note 2: See regulation 5.36 in relation to the countries and currencies in which payment of an instalment of the visa application charge may be made.
(2) For the first instalment of visa application charge, the components mentioned in paragraph (1)(a) that are applicable to a particular application for a visa are worked out as follows:
(a) unless paragraph (b), (c) or (d) applies, the components are:
(i) the base application charge; and
(ii) the subsequent temporary application charge (if any); and
(iii) the non‑Internet application charge (if any);
(b) if:
(i) the base application charge for the application is nil; or
(ii) the base application charge for another application, with which the application is combined in a way permitted by Schedule 1, or is sought to be combined in a way permitted by regulation 2.08A or 2.08B, is nil;
no other components are applicable;
(c) if:
(i) the application is combined with another application in a way permitted by Schedule 1, or is sought to be combined with another application in a way permitted by regulation 2.08A or 2.08B; and
(ii) the first instalment (if any) of visa application charge (including the base application charge) has been paid for the other application;
the components are the additional applicant charge (if any) and the subsequent temporary application charge (if any);
(d) if the application is combined with another application in a way permitted by regulation 2.08, 2.08AA or 2.08AAA, no components are applicable.
Base application charge
(3) For the first instalment of visa application charge, base application charge is payable by an applicant for a visa if the additional applicant charge is not payable in relation to the application.
Note 1: Base application charge and additional applicant charge are alternatives. An applicant does not pay both components for the one application.
Note 2: The amount of base application charge varies according to the visa involved, and is set out in the item of Schedule 1 that applies to the visa.
Additional applicant charge
(4) For the first instalment of visa application charge:
(a) if the application is combined with another application in a way permitted by Schedule 1, additional applicant charge is payable by an applicant for a visa; and
(b) if an application is sought to be combined with another application in a way permitted by regulation 2.08A or 2.08B, additional applicant charge is payable by the applicant whose application is being sought to be combined with the other application.
Note 1: Base application charge and additional applicant charge are alternatives. An applicant does not pay both components for the one application.
Note 2: The amount of additional applicant charge varies according to the visa involved. The amount is set out in:
(a) the item of Schedule 1 that applies to the visa, including Schedule 1 as it applies in relation to a particular class of visa; or
(b) subregulation (4A).
Note 3: For paragraph (b), additional applicant charge must be paid before a person is taken, under regulation 2.08A or 2.08B, to have applied for a visa.
(4A) If the applications referred to in paragraph (4)(b) relate to a visa of a class specified by the Minister in an instrument in writing for this subregulation, the amount of additional applicant charge is the amount specified in the instrument.
Subsequent temporary application charge
(5) Subsequent temporary application charge is payable by an applicant for a visa if:
(a) the visa is specified by the Minister in an instrument in writing for this paragraph; and
(b) the applicant is in Australia at the time of application; and
(c) the applicant holds, or the last substantive visa held by the applicant was, a visa specified by the Minister in an instrument in writing for this paragraph (the previous visa); and
(d) the applicant was in Australia at the time of application for the previous visa; and
(e) the previous visa was not granted:
(i) as the result of an application that was taken, under regulation 2.08, to have been made; or
(ii) as the result of an application that was taken to have been made by operation of law; or
(iii) by the Minister exercising his or her power under section 195A, 351 or 501J, or repealed section 417, of the Act; or
(iv) without the applicant making an application (unless the application is taken to be made in a way permitted by regulation 2.08B).
(6) The amount of subsequent temporary application charge is $700.
Non‑Internet application charge
(7) Non‑Internet application charge is payable by an applicant for a visa if:
(a) the visa is specified by the Minister in an instrument in writing for this paragraph; and
(b) these Regulations provide that the application may be made as an Internet application; and
(c) the application is not made as an Internet application; and
(d) the base application charge is payable in relation to the application.
Note: The base application charge and the additional applicant charge are alternatives. The non‑Internet application charge is payable if the base application charge is payable.
(8) However, non‑Internet application charge is not payable by an applicant for a visa in a circumstance specified by the Minister in an instrument in writing for this subregulation.
(9) The amount of non‑Internet application charge is $80.
2.12D Prescribed period for payment of unpaid amount of visa application charge (Act, subsection 64(2))
For the purposes of paragraphs 64(2)(a) and (c) of the Act, the following periods are prescribed as the periods within which an applicant must pay the second instalment of the visa application charge:
(a) if the notice given by the Minister under subsection 64(2) is sent from a place in Australia to an address in Australia—the period beginning on the day on which the applicant is taken to have received notice and ending at the end of the 28th day after that day;
(b) if the notice given by the Minister under subsection 64(2) is sent from:
(i) a place outside Australia to an address in Australia; or
(ii) a place in Australia to an address outside Australia; or
(iii) a place outside Australia to an address outside Australia;
the period beginning on the day on which the applicant is taken to have received notice and ending at the end of the 70th day after that day.
Note: If the Minister gives a person a document by a method specified in section 494B of the Act, the person is taken to have received the document at the time specified in section 494C of the Act in respect of the method.
2.12F Refund of first instalment of visa application charge
(1) The Minister must refund the amount paid by way of the first instalment of the visa application charge in relation to an application for a visa if:
(a) either of the following circumstances exists:
(i) a circumstance mentioned in subregulation (2);
(ii) a circumstance specified by the Minister in an instrument in writing for this subparagraph; and
(b) the Minister:
(i) receives a written request for a refund from a person mentioned in subregulation (2A); or
(ii) considers it is reasonable in the circumstances to refund the amount to a person mentioned in subregulation (2A) without receiving a written request for a refund.
(2) For subparagraph (1)(a)(i), each of the following is a circumstance:
(a) the application is unnecessary at the time that it is made;
(b) the application is made because of a mistake made by Immigration;
(c) the applicant dies before a decision is made on the application;
(db) the application is an application made in Australia, on or after 23 March 2013, for a Subclass 600 (Visitor) visa or a Medical Treatment (Visitor) (Class UB) visa by an applicant:
(i) in relation to whom the requirements of subclause 600.611(4), subclause 602.212(7) or clause 602.314 of Schedule 2 have been satisfied; and
(ii) who is granted the visa to which the requirements relate;
(ii) is granted the further visa referred to in that subclause;
(f) the applicant’s application for a class of visa mentioned in subregulation (2B) was withdrawn because there was not an approved nomination that identified the applicant;
(g) in relation to an application for a class of visa mentioned in subregulation (2B), the applicant’s application was withdrawn because the applicant:
(i) was not required to be identified in an approved nomination; and