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MIGRATION AMENDMENT REGULATIONS 2011 (NO. 4) (SLI NO 122 OF 2011) - SCHEDULE 1

Amendments

(regulation 3)

 

[1]           Subregulation 4.13 (4)

substitute

         (4)   If the Registrar, or a Deputy Registrar, of the Tribunal, or another officer of the Tribunal authorised in writing by the Registrar, is satisfied that the payment of the fee mentioned in subregulation (1) has caused, or is likely to cause, severe financial hardship to the review applicant, the Registrar, Deputy Registrar or officer may determine that the fee payable is 50% of the amount mentioned in subregulation (1).

[2]           Subregulation 4.14 (1)

substitute

         (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, or a Deputy Registrar, of the Tribunal, or another officer of the Tribunal, has made a determination mentioned in subregulation 4.13 (4)

50% of the amount mentioned in subregulation 4.13 (1)

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 mentioned in subregulation 4.13 (1)

6

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

50% of the amount mentioned in subregulation 4.13 (1)




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