(1) This regulation applies to a review of a decision if:
(i) on review by a court, the decision is remitted for reconsideration by the Tribunal; and
(ii) the Tribunal remits a matter to which the decision relates with a permissible direction under regulation 4.33; or
(b) the Minister, under section 417 of the Act, has substituted for the decision of the Tribunal a decision that is favourable to the applicant.
(2) A fee paid under regulation 4.31B, or liable to be paid under regulation 4.31B, in relation to a decision to which this regulation applies is to be refunded, or waived, as the case requires.