Commonwealth Numbered Regulations

1993 No. 18 MIGRATION (REVIEW) (1993) REGULATIONS - REG 35

35. (1) The amount of a fee paid on an application for review by the Tribunal
is to be refunded if:

   (a)  the decision to which the review relates is set aside or varied; or

   (b)  the Registrar, or a Deputy Registrar, under regulation 27, determines
        that the fee should not be paid; or

   (c)  the applicant is not entitled to apply for such a review; or

   (d)  the decision to which the application relates is not subject to review
        by the Tribunal; or

   (e)  the Minister has given a certificate as referred to in subsection 120
        (2) of the Act in relation to the decision to which the application
        relates.

(2) If an application for review by the Tribunal is withdrawn, the fee paid on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

   (a)  the application is withdrawn because the death has occurred, since the
        application was lodged, of:

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

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

   (b)  the application is withdrawn because the applicant for the visa or
        entry permit that was the subject of the application has been granted
        a visa or entry permit of that kind otherwise than in circumstances
        specified in paragraph 10 (3) (a) or (b) or 35 (3) (a) or (b).

(3) The fee paid on an application for review by the Tribunal is not to be
refunded if, before the review is determined:

   (b)  the Minister has reconsidered the initial application and the
        applicant's score on the reconsideration is more than or equal to the
        applicable pass mark; or

   (c)  the applicant for the review is granted an entry permit on an
        application made following a notification by the Tribunal under
        subsection 121 (2) of the Act.