Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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 subsection 5(9) 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.
(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.