(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.