Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 4.14

Refund of fees by Tribunal

             (1)  The table sets out:

                     (a)  circumstances in which all or part of the amount of the fee for an application for review of a decision is to be refunded; and

                     (b)  the amount that is to be refunded.

 

Item

If ...

the amount to be refunded is ...

Refunds for severe financial hardship

1

the applicant has paid the amount mentioned in subregulation 4.13(1) and the Registrar of the Tribunal has made a determination mentioned in subregulation 4.13(4)

50% of the amount the applicant was required to pay by regulation 4.13

General refunds

2

the applicant is not entitled to apply for review by the Tribunal

the amount that the applicant was required to pay by regulation 4.13

3

the decision to which the application relates is not subject to review by the Tribunal

the amount that the applicant was required to pay by regulation 4.13

4

the Minister has given a conclusive certificate as mentioned in section 339 of the Act (which deals with conclusive certificates) in relation to the decision

Note:       The conclusive certificate certifies that review would be contrary to the public interest.

the amount that the applicant was required to pay by regulation 4.13

Refunds after Tribunal decision

5

the decision to which the review relates is set aside or varied

50% of the amount the applicant was required to pay by regulation 4.13

6

the application is remitted to the primary decision-maker for reconsideration

50% of the amount the applicant was required to pay by regulation 4.13

             (2)  If an application for review by the Tribunal is withdrawn, the fee paid on the application is to be refunded if the application is withdrawn because:

                     (a)  the death has occurred, since the visa application was made, of:

                              (i)  the applicant for the visa that was the subject of the application; or

                             (ii)  a member of that applicant's family unit; or

                            (iii)  a review applicant; or

                     (b)  the applicant for the visa that was the subject of the application has been granted a visa of the class applied for otherwise than because the Minister has reconsidered the primary application and the applicant's score on the reconsideration is more than or equal to the applicable pass mark; or

                     (c)  in relation to an application for a parent visa--the applicant:

                              (i)  applied for another parent visa after lodging the application for review; and

                             (ii)  wants to have a decision made on the application for the other parent visa.



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