Minor Amendments to the Visa Application Charge Refund Provisions

21 December 2009 Legislation Change

Client summary

From 21 December 2009, the Migration Regulations 1994 (‘the Regulations’) are amended to rectify an unintended consequence in relation to the refund of the Visa Application Charge (VACs). The changes will further improve the administration of requests for refunds and provide for the circumstances where it is considered appropriate for the Department to issue a refund.

This minor amendment allows for an instrument specifying circumstances where second instalments of VACs must be refunded.

Affected legislation

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

• Part 2 - Regulation 2.12H – amended.

Transitional provisions

The amendments apply to any requests for refund of a VAC made on or after 21 December 2009.  The amendments also apply to any requests made prior to 21 December 2009 that have not yet been finalised.

Forms

No amendments to forms are required as a result of this Legislative change.

Instructions

PAM3 will be amended to reflect these changes.