Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 4.13

ART review--fees and waiver

  (1)   Subject to this regulation, the prescribed fee for an application for review by the ART of a reviewable migration decision is $3,496 .

Note:   The fee in this subregulation is subject to increase under regulation   4.13A.

  (2)   No fee is payable on the following:

  (a)   an application for review by the ART of a primary decision of a kind referred to in subsection   338(4) of the Act;

  (b)   an application, made by a non - citizen who is in immigration detention, for review by the ART of a decision to which paragraph   4.02(4)(f) applies.

  (2A)   No fee is payable on an application made by a person (the review applicant ) for review of a decision (the decision for review ) made by the Minister if:

  (a)   the decision for review is a refusal to grant the review applicant a visa because the review applicant did not satisfy at least one of the secondary criteria for the grant of the visa; and

  (b)   that criterion was not satisfied because the inister had refused to grant a visa to a person (the primary applicant ) who:

  (i)   is a former spouse or former de facto partner of the review applicant; and

  (ii)   was seeking to satisfy the primary criteria for the grant of that visa; and

  (c)   in making the decision for review, the Minister was satisfied that the review applicant satisfied a criterion that the review applicant, or another person mentioned in the criterion, has experienced family violence committed by the primary applicant.

Note:   For special provisions relating to family violence, see Division   1.5.

  (3)   If a person combines 2 or more applications for review by the ART in accordance with regulation   4.12, an application fee is payable in respect of only 1 of those applications.

  (4)   If the ART Principal Registrar, having regard to the review applicant's income, expenses, liabilities and assets, considers that the payment of the fee mentioned in subregulation (1) would cause, or has caused, financial hardship to the review applicant, the prescribed fee is 50% of the amount mentioned in subregulation   (1).



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