(h) in relation to an application for a Subclass 408 (Temporary Activity) visa that met the requirement in item 3 of the table in subitem 1237(3) of Schedule 1, the applicant’s application was withdrawn because the applicant did not have an approved work sponsor.
(2A) For subparagraph (1)(b)(i), the written request must be from:
(a) the person who paid the amount (the payer); or
(b) if the payer has died, or the payer has a serious physical or mental incapacity, the payer’s legal personal representative; or
(c) if the payer is a bankrupt within the meaning of the Bankruptcy Act 1966, the trustee of the estate of the payer.
Note: See regulation 2.12K in relation to who is the person who pays an amount by way of an instalment of visa application charge.
(2B) For paragraphs (2)(f) and (g), the classes or subclasses of visa are as follows:
(a) Subclass 407 (Training);
(ja) Subclass 482 (Skills in Demand) visa;
(k) Subclass 482 (Temporary Skill Shortage).
(3) The Minister may 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) the application was made because of a mistake by the applicant; and
(b) the applicant withdraws the application in writing; and
(c) after the withdrawal, the Minister receives a written request for a refund from:
(i) the person who paid the amount (the payer); or
(ii) if the payer has died, or the payer has a serious physical or mental incapacity, the payer’s legal personal representative; or
(iii) if the payer is a bankrupt within the meaning of the Bankruptcy Act 1966, the trustee of the estate of the payer.
(3A) The Minister may 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) the application is for a Temporary Business Entry (Class UC) visa; and
(b) the applicant withdraws the application because the criterion in paragraph 457.223(4)(aa) of Schedule 2 (as in force before 18 March 2018) cannot be satisfied; and
(c) the applicant withdraws the application in writing; and
(d) after the withdrawal, the Minister receives a written request for a refund from:
(i) the person who paid the amount (the payer); or
(ii) if the payer has died, or the payer has a serious physical or mental incapacity, the payer’s legal personal representative; or
(iii) if the payer is a bankrupt within the meaning of the Bankruptcy Act 1966, the trustee of the estate of the payer.
(3B) The Minister may refund the amount paid by way of the first instalment of the visa application charge in relation to a visa application if:
(a) the visa application is for:
(i) a Subclass 186 (Employer Nomination Scheme) visa; or
(ii) a Subclass 187 (Regional Sponsored Migration Scheme) visa; and
(b) the visa application relates to a position nominated in an application (the nomination application) for approval under regulation 5.19; and
(c) the applicant for the visa withdraws the visa application in writing for any of the following reasons:
(i) the nomination application, by mistake, identified the wrong occupation in relation to the position nominated;
(ii) if the nomination application was made before 18 March 2018—the nomination application sought to meet the requirements of subregulation 5.19(3) (as in force before 18 March 2018), when it was more likely that the requirements of subregulation 5.19(4) (as in force before 18 March 2018) would have been met, or vice versa;
(iia) if the nomination application was made on or after 18 March 2018—the nomination application is withdrawn before a decision is made under regulation 5.19 because the nomination application, by mistake, identified the wrong stream;
(iii) after the visa application was made, action was taken against the nominator under section 140K of the Act for a failure to satisfy an applicable sponsorship obligation;
(iv) after the visa application was made, the position ceased to be available to the applicant because the business within which the applicant was, or was to be, employed to work in the position ceased to operate actively and lawfully in Australia;
(v) if the visa application is in the Temporary Residence Transition stream—after the visa application was made but before the nomination application is decided, the applicant ceased to be employed in the position in respect of which the person held a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa;
(vi) if the nomination application is made before 18 March 2018 and the visa application is in the Temporary Residence Transition stream—the applicant did not satisfy the 2‑year requirement in sub‑subparagraph 5.19(3)(c)(i)(A) or (ii)(C) as in force before 18 March 2018 (whichever is applicable) when the nomination application was made;
(vii) if the nomination application is made on or after 18 March 2018 and before 7 December 2024 and the visa application is in the Temporary Residence Transition stream—the applicant did not, when the nomination application was made, satisfy the requirement in paragraph 5.19(5)(e), or in paragraph 5.19(5)(f) or (g) (as applicable);
(viia) if the nomination application is made on or after 7 December 2024 and the visa application is for a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream—the applicant did not, when the nomination application was made, satisfy the requirement in paragraph 5.19(5A)(d), or in paragraph 5.19(5A)(e) or (f) (as applicable);
(viib) if the visa application is made on or after 7 December 2024 and the visa application is for a Subclass 186 (Employer Nomination Scheme) visa in the Temporary Residence Transition stream—the applicant did not, when the visa application was made, satisfy the requirements in clause 186.226 or 186.227 of Schedule 2;
(viii) if the nomination application was made on or after 12 August 2018—the nomination application is withdrawn in the circumstances specified in subregulation 5.37A(3), (4) or (5); and
(d) after the withdrawal, the Minister receives a written request for a refund from:
(i) the person who paid the amount (the payer); or
(ii) if the payer has died, or the payer has a serious physical or mental incapacity—the payer’s legal personal representative; or
(iii) if the payer is a bankrupt within the meaning of the Bankruptcy Act 1966—the trustee of the estate of the payer.
(3C) The Minister may refund the amount paid by way of the first instalment of the visa application charge in relation to a visa application if:
(a) the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(b) the visa application relates to a nomination of an occupation under subsection 140GB(1) of the Act; and
(c) the applicant for the visa withdraws the visa application in writing for any of the following reasons:
(i) the nomination, by mistake, identified the wrong occupation;
(ii) the nomination is withdrawn before a decision is made on the nomination under section 140GB of the Act because the nomination, by mistake, identified the wrong stream;
(iii) after the visa application was made, action was taken against the nominator under section 140K of the Act for a failure to satisfy an applicable sponsorship obligation;
(iv) after the visa application was made, the position associated with the nominated occupation ceased to be available to the applicant because the business within which the applicant was, or was to be, employed to work in the position ceased to operate lawfully in Australia;
(v) the nomination is withdrawn in the circumstances specified in subregulation 2.73C(3), (4), (5) or (6); and
(d) after the withdrawal, the Minister receives a written request for a refund from:
(i) the person who paid the amount (the payer); or
(ii) if the payer has died, or the payer has a serious physical or mental incapacity—the payer’s legal personal representative; or
(iii) if the payer is a bankrupt within the meaning of the Bankruptcy Act 1966—the trustee of the estate of the payer.
(4) The Minister must not make a refund on the basis that the applicant has died unless the request for the refund is accompanied by satisfactory evidence of the applicant’s death.
(5) The Minister must not make a refund to the legal personal representative of a payer who has died unless the request for the refund is accompanied by satisfactory evidence of the payer’s death.
(6) A refund under this regulation must be:
(a) paid to the person who made the request for the refund; or:
(b) if the refund is to be paid under subparagraph (1)(b)(ii)—paid to a person mentioned in subregulation (2A); or
(c) provided to a person mentioned in paragraph (a) or (b) for payment to the applicant’s deceased estate.
(7) If:
(a) in the opinion of the Minister, there is no doubt about the identity of the payer; and
(b) the Minister pays the amount of the refund to:
(i) the payer; or
(ii) a person mentioned in paragraph (2A)(b) or (c); or
(iii) a person mentioned in subparagraph (3)(c)(ii) or (iii); or
(iv) a person mentioned in subparagraph (3A)(d)(ii) or (iii); or
(v) a person mentioned in subparagraph (3B)(d)(ii) or (iii); or
(vi) a person mentioned in subparagraph (3C)(d)(ii) or (iii);
a receipt that is given by the person to whom the refund is paid is, for all purposes, a valid discharge of any liability of the Commonwealth in relation to the payment of the amount of the refund.
(8) A refund under this regulation may be paid:
(a) in Australian currency; or
(b) if the amount of the instalment in respect of which the refund is being paid was paid in another currency, in that other currency.
2.12G When payment of second instalment of visa application charge not required
(1) In spite of any other provision of these Regulations, an applicant is not liable to pay the second instalment of the visa application charge in relation to an application for a visa if:
(a) the applicant withdraws the application before the second instalment is paid; or
(b) the application, having been finally determined within the meaning of section 11A of the Act, is refused.
(2) For the purpose of this regulation, an application is taken not to have been finally determined if, for any reason, a court remits the application to the Minister to be decided.
2.12H Refund of second instalment of visa application charge
(1) 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:
(a) any of the circumstances mentioned in subregulation (2) exists; and
(b) the Minister receives a written request for a refund from:
(i) the person who paid the amount (the payer); or
(ii) if the payer has died, or the payer has a serious physical or mental incapacity, the payer’s legal personal representative; or
(iii) if the payer is a bankrupt within the meaning of the Bankruptcy Act 1966, the trustee of the estate of the payer.
Note: See regulation 2.12K in relation to who is the person who pays an amount by way of an instalment of visa application charge.
(2) For paragraph (1)(a), the circumstances are as follows:
(a) the applicant withdraws the application in writing before the application is decided;
(b) the applicant dies before first entering Australia as the holder of the visa;
(c) the application has been finally determined within the meaning of section 11A of the Act and the visa is not granted;
(d) the visa is granted, and later cancelled, before the applicant first enters Australia as the holder of the visa;
(e) the visa is granted, and otherwise ceases, before the applicant first enters Australia as the holder of the visa;
(f) the amount was paid under a provision of Schedule 1 specified in an instrument in writing made by the Minister for this paragraph and, within the period of 12 months starting on the applicant’s visa commencement day (within the meaning of the Immigration (Education) Act 1971), any of the following events occur:
(i) the applicant dies before commencing a course of English language tuition to which the applicant was entitled under section 4B of that Act;
(ii) the applicant’s visa is cancelled before the applicant commences a course of English language tuition to which the applicant would otherwise be entitled under section 4B of that Act;
(iii) the applicant’s visa ceases to have effect before the applicant commences a course of English language tuition to which the applicant would otherwise be entitled under section 4B of that Act;
(iv) the obligation of the Commonwealth to the applicant under section 4B of that Act ceases, by operation of paragraph 4A(1)(b) of that Act, before the applicant commences a course of English language tuition to which the applicant would otherwise be entitled under section 4B of that Act.
(2A) However, subparagraph (2)(f)(iii) does not apply if, before the visa ceases to have effect, the Commonwealth’s obligation under section 4B of the Immigration (Education) Act 1971, in relation to the applicant, has ceased by operation of paragraph 4C(2)(a) or (b) of that Act.
(3) For this regulation, an application is taken not to have been finally determined if, for any reason, a court remits the application to the Minister to be decided.
(4) If the request for a refund is made on the basis that:
(a) the applicant died before first entering Australia as the holder of the visa; or
(b) the applicant died before commencing a course of English language tuition to which the applicant was entitled under section 4B of the Immigration (Education) Act 1971;
the request must be accompanied by satisfactory evidence of the applicant’s death.
(5) If the request for the refund is made by the legal personal representative of a payer who has died, the request must be accompanied by satisfactory evidence of the payer’s death.
(7) If:
(a) in the opinion of the Minister, there is no doubt about the identity of the payer; and
(b) the Minister pays the amount of the refund to the payer or to a person mentioned in subparagraph (1)(b)(ii) or (iii);
a receipt that is given by the person to whom the refund is paid is, for all purposes, a valid discharge of any liability of the Commonwealth in relation to the payment of the amount of the refund.
(8) A refund under this regulation may be paid:
(a) in Australian currency; or
(b) if the amount of the instalment in respect of which the refund is being paid was paid in another currency, in that other currency.
2.12JA Payment of visa application charge for Internet application
(1) The visa application charge in relation to an Internet application must be paid by:
(a) credit card, in accordance with the instructions given to the applicant as part of making the Internet application; or
(b) funds transfer, in accordance with the instructions given to the applicant as part of making the Internet application; or
(c) the PayPal system, in accordance with the instructions given to the applicant as part of making the Internet application.
(2) If the visa application charge is paid in accordance with paragraph (1)(a), the charge is taken not to have been received until the payment has been confirmed by the issuer of the credit card.
(3) If the visa application charge is paid in accordance with paragraph (1)(b), the charge is taken not to have been received until the payment is electronically matched to the applicant’s Internet application form.
(4) If the visa application charge is paid in accordance with paragraph (1)(c), the charge is taken not to have been received until the payment has been confirmed by the operator of the PayPal system.
2.12K Who is the person who pays an instalment of visa application charge
For regulations 2.12F and 2.12H, the person who pays an amount by way of an instalment of visa application charge in relation to an application for a visa is:
(a) if the payment is made by an agent (whether or not a registered agent within the meaning of Part 3 of the Act) on behalf of the applicant—the applicant; and
(b) in any other case:
(i) if the payment is made by cheque—the drawer of the cheque; and
(ii) if the payment is made by a credit or debit card—the person named on the card; and
(iii) if the payment is made in cash—the person presenting the cash; and
(iv) if the payment is made by bank cheque, bank draft, money order, or other similar instrument:
(A) the person presenting the instrument; or
(B) if that person is not the person named on the instrument as the purchaser of the instrument (the purchaser), the purchaser; and
(v) if the payment is made by the PayPal system—the person whose PayPal account was used for the payment.
2.12L Legal personal representative
For regulations 2.12F and 2.12H, a person is taken to be the legal personal representative of a payer if:
(a) the person provides satisfactory evidence to the Minister that the person is the legal personal representative of the payer; and
(b) the Minister is satisfied, on the basis of the evidence provided by the person, that the person is the legal personal representative of the payer.
Division 2.2B—Priority consideration of certain visa applications on request
2.12M Priority consideration of certain visa applications on request
(1) On a request made in accordance with this regulation in relation to a valid application for a visa, the Minister may prioritise the consideration of the application.
(2) An applicant for a visa may make a request under this regulation only if:
(a) the visa is of a kind specified by the Minister under subregulation (7); and
(b) the applicant:
(i) holds a valid passport of a kind specified by the Minister under subregulation (7) in relation to that kind of visa; and