Migration (Refund of Second Instalment of Visa Application Charge) Instrument (LIN 23/022) 2023, dated 2 February 2023 specifies the visa classes for which a second VAC instalment can be refunded under Reg 2.12H.
Subregulation 2.12H(1) of the Regulations provides that the Minister must refund the amount paid by way of the second instalment of the visa application charge (VAC) in relation to an application for a visa if any of the circumstances mentioned in subregulation 2.12H(2) exists and the Minister has received a written request for a refund. The instrument ensures ongoing access to VAC refunds for applicants who made applications for the visas listed in the Schedule to the instrument and to whom an event mentioned in paragraph 2.12H(2)(f) applies. The circumstance set out by paragraph 2.12H(2)(f) is that the amount was paid under a provision of Schedule 1 to the Regulations specified in an instrument in writing and, within the period of 12 months starting on the applicant’s visa commencement day (within the meaning of the Immigration (Education) Act 1971).
The visa classes for which a second VAC instalment can be refunded under Reg 2.12H are:
- Business Skills,
- Distinguished Talent,
- Employer Nomination Sponsored,
- Regional Employer Nomination,
- Labour Agreement,
- Special Eligibility,
- Skilled – Independent,
- Skilled – Nominated and Skilled Regional Sponsored.
The instrument is registered on the Federal Register of Legislation on 2 February 2023 and commenced on 2 October 2022. It is currently in force.
(The prior instrument made under this provision (Refund of Second Instalment of Visa Application Charge (IMMI 12/033) F2012L01306) was repealed by sunsetting on 2 October 2022. To cover the period from 1 October 2022, the instrument is to be taken to have commenced retrospectively on 2 October 2022.)
