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Changes to the Visa Application Charge Refund Provisions

9 November 2009 Legislation Change

Client summary

From 9 November 2009, the Migration Regulations 1994 ('the Regulations') are amended to improve administration of requests for refunds of Visa Application Charges (VACs) and to ensure that provisions are made for those circumstances where it is considered appropriate for the Department to facilitate a refund.

Amendments include

  • Allowing a request for refund without the need for a written request in certain circumstances;
  • Clarifying that a VAC may be refunded where the application was unnecessary at the time it was made;
  • Allowing for a full refund of the second Visa Application Charge where an applicant has not commenced an English Language course to which they are entitled under the Immigration (Education) Act 1971;
  • Allowing for a refund to be made to a personal legal representative of a deceased applicant where the Minister is satisfied, on the basis of evidence provided, that the visa applicant is deceased;
  • Allowing for a refund to be made to a personal legal representative of a payer where the Minister is satisfied, on the basis of evidence provided, that the payer of the VAC is deceased;
  • Enabling the Minister to refund a VAC in certain circumstances when an associated sponsorship or nomination application is refused; and
  • Allowing the Minister to specify by way of a legislative instrument, special circumstances in which a person may receive a refund.

Affected legislation

The following provisions of the Regulations have been amended as follows:

  • Part 2 - Regulation 2.12F – amended
  • Part 2 - Regulation 2.12H – amended
  • Part 2 - Regulation 2.12I – omitted
  • Part 2 - Regulation 2.12J – amended
  • Part 2 - Regulation 2.12K – amended
  • Part 2 - Regulation 2.12L - inserted
  • Part 2 - Schedule 8A - omitted.

Transitional provisions

The amendments apply to an application for refund of a VAC made on or after 9 November 2009.

Forms

Nil.

Instructions

PAM3: PAM3 will be amended to reflect these changes in November 2009.