Migration Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 91 1

__________________

Migration Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Migration Act 1958.

Dated 30 April 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

____________

1.   Commencement

1.1   These Regulations commence on 1 May 1997.

2.   Amendment

2.1   The Migration Regulations are amended as set out in these Regulations.

3.   Regulation 2.07 (Application for visa—general)

3.1   Paragraph 2.07 (1) (b):

Omit the paragraph, substitute:

• “(b)

  the visa application charge (if any) payable in relation to an application;”.

3.2   Subregulation 2.07 (2):

Omit the subregulation.

4.   Regulation 2.07A (Refund of application fee in certain circumstances)

4.1   Omit the regulation.

5.   Regulation 2.11 (Special provision for certain applications refused outside Australia)

5.1   Subregulations (5) and (6):

Omit the subregulations, substitute:

 “(5) The actual amount that is payable by the applicant by way of the visa application charge in relation to the further application is the amount (if any) by which liability for the visa application charge in relation to the further application exceeds the actual amount of the visa application charge paid on the first application.

 “(6) If the first instalment of the visa application charge payable on the further application is less than the actual amount paid by the applicant in relation to the first application, the applicant is not entitled to a refund of the difference.”.

6.   New Division 2.2A

6.1   After Division 2.2, insert:

“Division 2.2A—Visa application charge

Amount of visa application charge (Act, section 45B)

 “2.12C.The visa application charge (if any) in relation to an application for a visa of a class to which an item of Schedule 1 relates is the sum of:

• (a)

  the amount (if any) specified in subitem (2) of that item as the first instalment (which is payable when the application is made); and

• (b)

  the amount (if any) specified in that subitem as the second instalment (which is payable before the grant of the visa).

[NOTE: Regulation 5.36 makes provision about payment in a foreign currency of the visa application charge.]

Prescribed period for payment of unpaid amount of visa application charge (Act, subsection 64 (2))

 “2.12D. For the purposes of paragraphs 64 (2) (a) and (c) of the Act, the following periods are prescribed as the periods within which an applicant must pay the second instalment of the visa application charge:

• (a)

  if the notice given by the Minister under subsection 64 (2) is sent from a place in Australia to an address in Australia—the period beginning on the day on which the applicant is taken to have received notice from the Minister under subsection 64 (2) and ending at the end of the 28th day after that day;

• (b)

  if the notice given by the Minister under subsection 64 (2) is sent from:

  • (i)

    a place outside Australia to an address in Australia; or

  • (ii)

    a place in Australia to an address outside Australia; or

  • (iii)

    a place outside Australia to an address outside Australia;

 the period beginning on the day on which the applicant is taken to have received notice from the Minister under subsection 64 (2) and ending at the end of the 70th day after that day.

Payment of first instalment of visa application charge not required for certain combined applications

 “2.12E.In spite of any other provision of these Regulations, an applicant is not liable to pay the first instalment of the visa application charge in relation to an application for a visa if:

• (a)

  the application is combined with another application in a way permitted by the relevant item in Schedule 1, or by regulation 2.08, 2.08A or 2.08B; and

• (b)

  the first instalment (if any) of the visa application charge in relation to that other application has been paid.

Refund of first instalment of visa application charge

 “2.12F.(1) The Minister must, at the request of the applicant (or the applicant’s legal personal representative),refund the amount paid by way of the first instalment of the visa application charge if:

• (a)

  the application is for any reason unnecessary; or

• (b)

  the application is made because of a mistake made by Immigration; or

• (c)

  the applicant dies before a decision is made on the application; or

• (d)

  the application is an application made in Australia for a Long Stay (Visitor) (Class TN), Medical Treatment (Visitor) (Class UB) or Short Stay (Visitor) (Class TR) visa by an applicant who:

  • (i)

    satisfies the Minister that the applicant meets the requirements of subclause 675.221 (4), 676.221 (4), 685.221 (6) or 686.221 (4) of Schedule 2; and

  • (ii)

    is granted the further visa referred to in that subclause.

 “(2) The Minister may refund the amount paid by way of the first instalment of the visa application charge if the application is made because of a mistake made by the applicant.

 “(3) A refund under this regulation must be paid to the applicant or, if the applicant has died, to the applicant’s legal personal representative.

 “(4) The receipt given by a person who purports to be a legal personal representative of a deceased applicant is, for all purposes, a valid discharge of any liability of the Commonwealth under this regulation.

 “(5) A refund under this regulation may be paid in a currency other than Australian currency, if the first instalment of the visa application charge was paid in that other currency.

When payment of second instalment of visa application charge not required

 “2.12G.(1)In spite of any other provision of these Regulations, an applicant is not liable to pay the second instalment of the visa application charge in relation to an application for a visa if:

• (a)

  the applicant withdraws the application before the second instalment is paid; or

• (b)

  the application, having been finally determined within the meaning of subsection 5 (9) of the Act, is refused.

 “(2) For the purpose of this regulation, an application is taken not to have been finally determined if, for any reason, a court remits the application to the Minister to be decided.

Refund of second instalment of visa application charge

 “2.12H.(1) The Minister must, at the request of the applicant (or the applicant’s legal personal representative), refund the amount paid by way of the second instalment of the visa application charge if:

• (a)

  the applicant withdraws the application before the application is decided; or

• (b)

  the applicant dies before he or she first enters Australia as the holder of that visa; or

• (c)

  the application has been refused and is finally determined within the meaning of subsection 5 (9) of the Act; or

• (d)

  the visa is granted then cancelled before the applicant first enters Australia as the holder of that visa; or

• (e)

  the visa is granted and otherwise ceases before the applicant first enters Australia as the holder of that visa.

 “(2) For the purpose of this regulation, an application is taken not to have been finally determined if, for any reason, a court remits the application to the Minister to be decided.

 “(3) A refund under this regulation must be paid to the applicant or, if the applicant has died, to the applicant’s legal personal representative.

 “(4) The receipt given by a person who purports to be a legal personal representative of a deceased applicant is, for all purposes, a valid discharge of any liability of the Commonwealth under this regulation.

 “(5) A refund under this regulation may be paid in a currency other than Australian currency, if the second instalment of the visa application charge was paid in that other currency.

Partial refund of second instalment of visa application charge

 “2.12I.(1) The Minister must, at the request of the applicant (or the applicant’s legal personal representative), make a partial refund of the second instalment of the visa application charge if:

• (a)

  the applicant dies before commencing a course of English language tuition to which the applicant is entitled under section 4C of the Immigration (Education) Act 1971; or

• (b)

  the visa is granted and later cancelled before the applicant commences a course of English language tuition to which the applicant is entitled under section 4C of the Immigration (Education) Act 1971; or

• (c)

  the visa is granted and ceases to have effect before the applicant commences a course of English language tuition to which the applicant is entitled under section 4C of the Immigration (Education) Act 1971; or

• (d)

  the obligation of the Commonwealth to the applicant under section 4C of the Immigration (Education) Act 1971 has ceased, by operation of paragraph 4D (1) (a) of that Act, without the applicant receiving any English language tuition in an approved English course provided under that Act.

 “(2) The amount of the refund to which the applicant is entitled is set out in Schedule 8A.

 “(3) A refund under this regulation must be paid to the applicant or, if the applicant has died, to the applicant’s legal personal representative.

 “(4) The receipt given by a person who purports to be a legal personal representative of a deceased applicant is, for all purposes, a valid discharge of any liability of the Commonwealth under this regulation.

 “(5) A refund under this regulation may be paid in a currency other than Australian currency, if the second instalment of the visa application charge was paid in that other currency.”.

7.   Division 5.7 (Fees)

7.1.   Heading:

Omit “Fees”, substitute “Charges and fees”.

8.   Regulation 5.36 (Payment of visa application charges, and fees, in foreign currencies)

8.1   Subregulation (1):

Omit “payable under these Regulations”.

8.2   Add at the end:

 “(4) In this Regulation, ‘fee’ means:

• (a)

  an instalment of the visa application charge; or

• (b)

  a fee payable under these Regulations.”.

9.   Regulation 5.39 (Refund of fees)

9.1   Omit the regulation.

10.   Schedule 1 (Classes of visas)

10.1   Subitem 1101 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of an application by an applicant whose brother or sister: (A) applies for an Adoption (Migrant) (Class AA) visa at the same time and place as the applicant; and (B) has paid the amount of charge specified in subparagraph (ii) on his or her application: (ii) In any other case: (b) Second instalment (payable before grant of visa):

Nil $1,000 Nil”.

10.2   Subitems 1101A (2), 1102 (2) and 1103 (2):

Omit the subitems, substitute:

“(2) Visa application charge: Nil”.

10.3   Subitem 1104 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made):	$2,465
(b) Second instalment (payable before grant of visa): (i) In the case of each applicant who: (A) was 18 years or more at time of application; and (B) is assessedas not having functional English; and (C) satisfies the primary criteria for the grant of a visa of a subclass included in Business Skills (Migrant) (Class AD):	$4,405
(ii) In the case of each applicant who: (A) was 18 years or more at time of application; and (B) is assessed as not having functional English; and (C) satisfies the secondary criteria for the grant of a visa of a subclass included in Business Skills (Migrant) (Class AD): (iii) In any other case:	$2,200 Nil”.

10.4   Subitem 1104A (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

$2,465

Nil”.

10.5   Subitems 1105 (2) and 1106 (2):

Omit the subitems, substitute:

“(2) Visa application charge: Nil”.

10.6   Subitem 1107 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of an applicant: (A) whose parent has been granted a permanent visa; and
(B) who was included in the parent’s application for: (I) a Group 1.1 (migrant) visa under the Migration (1993) Regulations; or (II) a business (joint venture) visa (code number 122) or a business (general) visa (code number 123) under the Migration (1989) Regulations:	Nil
(ii) In the case of an applicant: (A) who applies as the dependent child of an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(B) whose brother or sister: (I) applies, as the dependent child of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, for a Change in Circumstance (Residence) (Class AG) visa at the same time and place as the applicant; and (II) has paid the amount of charge specified in subparagraph (v) on his or her application:	Nil
(iii) In the case of an applicant: (A) who applies as an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(B) whose brother or sister: (I) applies, as an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, for a Change in Circumstance (Residence) (Class AG) visa at the same time and place as the applicant; and (II) has paid the amount of charge specified in subparagraph (iv) on his or her application:	Nil
(iv) In the case of an applicant who appears to the Minister, on the basis of information contained in the application, to be an orphan relative or a special need relative:	$600
(v) In any other case:	$1,500
(b) Second instalment (payable before grant of visa): (i) In the case of each applicant for whom an assurance of support is required: (ii) In any other case:	$924 Nil”.

10.7   Subitem 1108 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made):
(i) In the case of an applicant whose brother or sister: (A) applies for a Child (Migrant) (Class AH) visa at the same time and place as the applicant; and
(B) has paid the amount of charge specified in subparagraph (ii) on his or her application: (ii) In any other case: (b) Second instalment (payable before grant of visa):	Nil $1,000 Nil”.

10.8   Subitem 1109 (2):

Omit the subitem, substitute:

“(2) Visa application charge: Nil”.

10.9   Subitem 1110 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made):	$1,000
(b) Second instalment (payable before grant of visa): (i) In the case of each applicant who was 18 years or more at the time of application and is assessed as not having functional English: (ii) In any other case:	$2,200 Nil”.

10.10   Subitem 1111 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

• (i)

  In the case of each applicant who, on last arriving in Australia, was granted a Subclass 773 (Border) visa:

• (ii)

  In any other case:

$120

Nil

(b) Second instalment (payable before grant of visa):

• (i)

  In the case of a holder of a Subclass 302 (Emergency (Permanent Visa Applicant)) visa: the second instalment of the visa application charge that applied to the principal visa, less any payment already made towards that instalment.

• (ii)

  In any other case:

Nil”.

10.11   Subitem 1112 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made):	$1,000
(b) Second instalment (payable before grant of visa): (i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: (ii) In any other case:	$2,200 Nil”.

10.12   Subitem 1113 (2):

Omit the subitem, substitute:

“(2) Visa application charge: Nil”.

10.13   Subitem 1114 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of an applicant who is taken, under regulation 2.08C, to have applied for an Employer Nomination (Migrant) (Class AN) visa: (ii) In any other case:	Nil $1,000
(b) Second instalment (payable before grant of visa): (i) Subject to subparagraph (iii), in the case of each applicant who: (A) was 18 years or more at time of application; and
(B) is assessedas not having functional English; and (C) satisfies the primary criteria for the grant of a visa of a subclass included in Employer Nomination (Migrant) (Class AN):	$4,405
(ii) Subject to subparagraph (iii), in the case of each applicant who: (A) was 18 years or more at time of application; and (B) is assessed as not having functional English; and (C) satisfies the secondary criteria for the grant of a visa of a subclass included in Employer Nomination (Migrant) (Class AN):	$2,200
(iii) In the case of: (A) an applicant who is a religious worker within the meaning of paragraph 5 (4) (a) of the Immigration (Education) Charge Regulations; or (B) a member of the family unit of an applicant referred to in sub-subparagraph (A): (iv) In any other case:	Nil Nil”.

10.14   Subitem 1115 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of an applicant who is the holder of a transitional (temporary) visa granted on the basis that he or she satisfied the criteria for the grant of an extended eligibility entry permit under the Migration (1989) Regulations:	$175
(ii) In the case of an applicant: (A) whose parent has been granted a permanent visa; and
(B) who was included in the parent’s application for: (I) a Group 1.1 (migrant) visa under the Migration (1993) Regulations; or (II) a business (joint venture) visa (code number 122) or a business (general) visa (code number 123) under the Migration (1989) Regulations:	Nil
(iii) In the case of an applicant: (A) who applies as the dependent child of an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(B) whose brother or sister: (I) applies, as a dependent child of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, for a Family (Residence) (Class AO) visa at the same time and place as the applicant; and (II) has paid the amount of charge specified in subparagraph (i) or (vii) on his or her application:	Nil
(iv) In the case of an applicant: (A) who applies as an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(B) whose brother or sister: (I) applies, as an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, for a Family (Residence) (Class AO) visa at the same time and place as the applicant; and (II) has paid the amount of charge specified in subparagraph (i) or (v) on his or her application:	Nil
(v) In the case of an applicant who appears to the Minister, on the basis of information contained in the application, to be an orphan relative or a special need relative:	$600
(vi) In the case of an applicant who: (A) is the holder of a Subclass 300 (Prospective Marriage) visa granted on the basis of an application that was made: (I) before 1 November 1996; or (II) in response to an invitation under subregulation 2.11 (1) in relation to an application for a Spouse (Migrant) (Class BC) visa that was made before 1 November 1996 and was refused; and
(B) is married to the person who was specified as the applicant’s intended spouse in the application that resulted in the grant of that Subclass 300 visa; and (C) seeks to remain in Australia permanently on the basis of that marriage:	$600
(vii) In any other case: (b) Second instalment (payable before grant of visa): (i) In the case of each applicant for whom an assurance of support is required: (ii) In any other case:	$1,500 $924 Nil”.

10.15   Subitem 1116 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

$1,000
(b) Second instalment (payable before grant of visa): (i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: (ii) In any other case:	$2,200 Nil”.

10.16   Subitems 1117 (2) and 1118 (2):

Omit the subitems, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made):	$1,000
(b) Second instalment (payable before grant of visa): (i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: (ii) In any other case:	$2,200 Nil”.

10.17   Subitem 1119 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of an applicant who is the holder of a Subclass 445 (Dependent Child) visa:	Nil
(ii) In the case of an applicant who is the holder of a transitional (temporary) visa, granted on the basis that the holder satisfied the criteria for grant of an extended eligibility entry permit under the Migration (1989) Regulations:	$175
(iii) In the case of an applicant who: (A) is not the holder of a substantive visa; and (B) entered Australia before 19 December 1989; and (C) at the time of entry, was engaged to be married to a person who was an Australian citizen or Australian permanent resident; and (D) has subsequently married that person:	$600
(iv) In the case of an applicant who: (A) is not the holder of a substantive visa; and (B) entered Australia on or after 19 December 1989 as the holder of a prospective marriage (code number 300) entry permit granted under the Migration (1989) Regulations, or a Class 300 (prospective marriage) entry permit granted under the Migration (1993) Regulations; and (C) ceased to hold a substantive visa after marrying the Australian citizen or Australian permanent resident whom the applicant entered Australia to marry:	$600
(v) In the case of an applicant who: (A) is the holder of a Prospective Marriage (Temporary) (Class TO) visa; and (B) is married to the person who was specified as the applicant’s intended spouse in the application for that visa; and (C) seeks to remain in Australia permanently on the basis of that marriage:	$500
(vi) In the case of an applicant who: (A) is not the holder of a substantive visa; and (B) entered Australia as the holder of a Prospective Marriage (Temporary) (Class TO) visa; and (C) ceased to hold that visa after marrying the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and (D) seeks to remain in Australia permanently on the basis of that marriage:	$600
(vii) In any other case: (b) Second instalment (payable before grant of visa): (i) In the case of each applicant for whom an assurance of support is required: (ii) In any other case:	$1,500 $924 Nil”.

10.18   Subitem 1120 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made):	$1,000
(b) Second instalment (payable before grant of visa): (i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: (ii) In any other case:	$2,200 Nil”.

10.19   Subitem 1120A (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

• (i)

  In the case of each applicant who is the holder of a Subclass 445 (Dependent Child) visa:

• (ii)

  In any other case:

(b) Second instalment (payable before grant of visa):

 

Nil

$1,000

Nil”.

10.20   Subitem 1121 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made):	$1000
(b) Second instalment (payable before grant of visa): (i) In the case of each applicant who: (A) was 18 years or more at time of application; and (B) is assessedas not having functional English; and (C) satisfies the primary criteria for the grant of a visa of a subclass included in Labour Agreement (Migrant) (Class AU):	$4,405
(ii) In the case of each applicant who: (A) was 18 years or more at time of application; and (B) is assessed as not having functional English; and (C) satisfies the secondary criteria for the grant of a visa of a subclass included in Labour Agreement (Migrant) (Class AU): (iii) In any other case:	$2,200 Nil”.

10.21   Subitems 1122 (2) and 1123 (2):

Omit the subitems, substitute:

“(2) Visa application charge: Nil”.

10.22   Subitem 1124 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

$1,000

$924”.

10.23   Subitem 1125 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of an applicant: (A) who applies as an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(B) whose brother or sister: (I) applies, as an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, for a Preferential Relative (Migrant) (Class AY) visa at the same time and place as the applicant; and (II) has paid the amount of charge specified in subparagraph (ii) on his or her application:	Nil
(ii) In the case of an applicant who appears to the Minister, on the basis of information contained in the application, to be an orphan relative or a special need relative: (iii) In any other case: (b) Second instalment (payable before grant of visa):	$600 $1,000 $924”.

10.24   Subitem 1126 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of each applicant who is in immigration detention and has not been immigration cleared:	Nil
(ii) In any other case: (b) Second instalment (payable before grant of visa):	$30 Nil”.

10.25   Subitem 1127 (2):

Omit the subitem, substitute:

“(2) Visa application charge: Nil”.

10.26   Subitem 1128 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

• (i)

  Application made in Australia:

• (ii)

  Application made outside Australia:

(b) Second instalment (payable before grant of visa):

$65

$80

Nil”.

10.27   Subitem 1129 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of each applicant who is the holder of a Subclass 445 (Dependent Child) visa: (ii) In any other case: (b) Second instalment (payable before grant of visa):

Nil $1,000 Nil”.

10.28   Subitems 1129A (2), 1130 (2), 1131 (2), 1132 (2) and 1201 (2):

Omit the subitems, substitute:

“(2) Visa application charge: Nil”.

10.29   Subitem 1203 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

 

$35

Nil”.

10.30   Subitem 1204 (2):

Omit the subitem, substitute:

“(2) Visa application charge: Nil”.

10.31   Subitem 1205 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of each applicant who applies outside Australia and who appears to the Minister, on the basis of the information contained in the application to meet the requirements: (A) for the grant of a Subclass 411 (Exchange) visa; or (B) of subparagraph (ii) or (iii):	Nil
(ii) An applicant meets the requirements of this subparagraph if the purpose of the applicant’s visit is to perform as an entertainer, or to assist in performances, and: (A) the Minister is satisfied that the purpose of the applicant’s visit to Australia is: (I) cultural; and (II) not for a pecuniary reward exceeding the expenses of the applicant; or
(B) the applicant is sponsored to enter Australia for the purpose of performing at: (I) the Adelaide Festival; or (II) the Brisbane Biennial Festival; or (III) the Melbourne International Festival; or
(IV) the Festival of Perth; or (V) the Festival of Sydney; or (VI) a festival approved by the Secretary for the purposes of this subitem; or
(C) the applicant is sponsored to enter Australia by an organisation that: (I) is funded, wholly or in part, by the Commonwealth; and (II) is approved by the Secretary for the purposes of this subitem.
(iii) An applicant satisfies the requirements of this subparagraph if the application is made on the basis that the applicant is: (A) entered, as an amateur participant, in a sporting event; or
(B) appointed or employed to assist: (I) an amateur participant in a sporting event; or (II) an amateur team that is participating in a sporting event.
(iv) In the case of an applicant who: (A) applies outside Australia; and (B) is a member of a sporting or entertainment body that comprises no fewer than 10 other applicants:  A charge that is equal to $1,450 divided by the number of other applicants included in that body. (v) In any other case: (b) Second instalment (payable before grant of visa):	$145 Nil”.

10.32   Subitem 1206 (2):

Omit the subitem, substitute:

“(2) Visa application charge: Nil”.

10.33   Subitems 1207 (2) and 1208 (2):

Omit the subitems, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

 

$145

Nil”.

10.34   Subitem 1208A (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of an applicant who appears to the Minister, on the basis of information contained in the application, to meet the requirements for the grant of a Subclass 956 (Electronic Travel Authority (Business Entrant—Long Validity)) visa: (ii) In any other case: (b) Second instalment (payable before grant of visa):

$45 Nil Nil”.

10.35   Subitem 1209 (2):

Omit the subitem, substitute:

“(2) Visa application charge: Nil”.

10.36   Subitem 1210 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

 

$145

Nil”.

10.37   Subitem 1211 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) In the case of an applicant who: (A) applies as the dependent child of a holder of a Subclass 309, 310, 820 or 826 visa; and
(B) whose brother or sister: (I) applies, as a dependent child of a holder of a Subclass 309, 310, 820 or 826 visa, for an Extended Eligibility (Temporary) (Class TK) visa at the same time and place as the applicant; and
(II) has paid the fee specified in subparagraph (ii) on his or her application:	Nil
(ii) In the case of an applicant who applies using form 918 and lodges the application outside Australia: (iii) In any other case: (b) Second instalment (payable before grant of visa):	$110 Nil Nil”.

10.38   Subitem 1212 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

 

$145

Nil”.

10.39   Subitem 1213A (2):

Omit the subitem, substitute:

“(2) Visa application charge: Nil”.

10.40   Subitem 1214 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

• (i)

  Subject to subparagraph (iii), in the case of an applicant who applies outside Australia:

• (ii)

  Subject to subparagraph (iii), in the case of an applicant who applies in the migration zone:

$35

$145

• (iii)

  In the case of an applicant who applies in the course of acting as a representative for a foreign government:

(b) Second instalment (payable before grant of visa):

Nil

Nil”.

10.41   Subitem 1214AA (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

$145

Nil”.

10.42   Subitem 1214A (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) Subject to subparagraph (iii), in the case of an applicant who is outside Australia when he or she applies (whether or not the application is made outside Australia): (A) If the applicant seeks a visa that will permit him or her to remain in Australia for more than 3 months:	$35
(B) If the applicant seeks a visa that will permit him or her to travel to, and enter, Australia for: (I) 4 years; or (II) the remaining period of validity of the applicant’s passport (if that period exceeds 12 months):	$35
(C) In any other case: (ii) Subject to subparagraph (iii), in the case of an applicant who is in Australia: (iii) In the case of an applicant who applies in the course of acting as a representative for a foreign government: (b) Second instalment (payable before grant of visa):	Nil $145 Nil Nil”.

10.43   Subitem 1215 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

 

$1,000

Nil”.

10.44   Subitem 1216 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

 

$80

Nil”.

10.45   Subitem 1217 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

 

$145

Nil”.

10.46   Subitem 1218 (2):

Omit the subitem, substitute:

“(2) Visa application charge: (a) First instalment (payable at the time application is made): (i) Subject to subparagraph (iii), in the case of an applicant who is outside Australia when he or she applies (whether or not the application is made outside Australia): (A) If the applicant seeks a visa that will permit him or her to travel to and enter Australia for: (I) 4 years; or
(II) the remaining period of validity of the applicant’s passport (if that period exceeds 12 months): (B) In any other case: (ii) Subject to subparagraph (iii), in the case of an applicant who is in Australia:	$35 Nil $145
(iii) In the case of an applicant who applies in the course of acting as a representative for a foreign government: (b) Second instalment (payable before grant of visa):	Nil Nil”.

10.47   Subitems 1219 (2) and 1220A (2):

Omit the subitems, substitute:

“(2) Visa application charge: Nil”.

10.48   Subitem 1221 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

 

$35

Nil”.

10.49   Subitem 1222 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

• (i)

  In the case of each applicant (or a family member of each applicant) who:

  • (A)

    has been granted approval, under a students’ training scheme approved by the Commonwealth, to study in Australia; or

• (B)

  is an assisted student; or

• (C)

  is an exchange student:

• (ii)

  In any other case:

(b) Second instalment (payable before grant of visa):

Nil

$280

Nil”.

10.50   Subitem 1223 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

$145

Nil”.

10.51   Subitem 1223A (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

• (i)

  Subject to subparagraphs (iv), (v), (vi), (vii) and (viii), in the case of each applicant who is outside Australia at the time of applying (whether or not the application is made outside Australia):

  • (A)

    if the applicant seeks a visa that will permit him or her to travel to and enter Australia more than once, or that will permit him or her to remain in Australia for up to 3 months:

$45

• (B)

  if the applicant seeks a visa that will permit him or her to travel to and enter Australia once, and to remain in Australia for 1 month or less:

Nil

• (ii)

  Subject to subparagraphs (iii), (iv), (v), (vi) and (vii), in the case of each applicant who is in Australia at the time of making the application: 

$145

• (iii)

  Subject to subparagraphs (v) and (vi), in the case of each applicant who seeks a visa that will permit the applicant to remain in Australia for more than 3 months:

$145

• (iv)

  Subject to subparagraphs (v), (vi) and (vii), in the case of each applicant whose application is made, on behalf of the applicant, by a nominator who is an approved nominator within the meaning of clause 456.111 of Schedule 2:

$35

• (v)

  In the case of each applicant who:

  • (A)

    makes an application of a kind mentioned in subparagraph (i), (ii), (iii) or (iv); and

• (B)

  appears to the Minister, on the basis of the application, to be a person to whom privileges and immunities are, or are expected to be, accorded under the International Organizations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995; and

• (C)

  is expected to be recommended by the Foreign Minister for the grant of a visa:

Nil

• (vi)

  In the case of an applicant who is:

  • (A)

    the spouse or dependent child of an applicant mentioned in subparagraph (v) and who is applying for a visa that will permit him or her to remain in Australia for up to 3 months; or

  • (B)

    a member of the family unit of an applicant mentioned in subparagraph (v) and who is applying for a visa that will permit the applicant to remain in Australia for more than 3 months:

Nil

• (vii)

  In the case of each applicant who applies in the course of acting as a representative for a foreign government:

 

Nil

• (viii)

  In the case of an applicant who is an applicant referred to in paragraph (1) (c):

(b) Second instalment (payable before grant of visa):

Nil

Nil”.

10.52   Subitem 1224 (2):

Omit the subitem, substitute:

“(2) Visa application charge: Nil”.

10.53   Subitem 1225 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

$145

Nil”.

10.54   Subitem 1301 (2):

Omit the subitem, substitute:

“(2) Visa application charge: Nil”.

10.55   Subitem 1302 (2):

Omit the subitem, substitute:

“(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(b) Second instalment (payable before grant of visa):

$55

Nil”.

10.56   Subitems 1303 (2), 1304 (2) and 1305 (2):

Omit the subitems, substitute:

“(2) Visa application charge: Nil”.

11.   Schedule 2 (Provisions with respect to the grant of subclasses of visas)

[NOTE:

1. The following note:

“[NOTE: The second instalment of the visa application charge must be paid before the visa can be granted.]”

should be inserted after clauses 103.411, 104.411, 105.411, 106.411, 120.411, 121.411, 124.411, 125.411, 126.411, 127.411, 128.411, 129.411, 130.411, 131.411, 150.411, 151.411, 152.411, 804.411 and 806.411, in place of the note immediately following each of those clauses.

2. The following note:

“[NOTE: The second instalment of the visa application charge (if any), must be paid before the visa can be granted.]”

should be inserted after clause 808.41, in place of the note immediately following this clause.]

12.   New Schedule 8A:

12.1   After Schedule 8, insert:

 SCHEDULE 8A Regulation 2.12I

AMOUNT OF PARTIAL REFUND

8901.   Refund in relation to second instalment of visa application charge paid on or after 1 May 1997

8901.1   In the case of an applicant who paid a second instalment of visa application charge assessed under any of the following subparagraphs of Schedule 1:

• (a)

  subparagraph 1104 (2) (b) (i);

(b) subparagraph 1114 (2) (b) (i); (c) subparagraph 1121 (2) (b) (i):	$4,405
8901.2   In the case of an applicant who paid a second instalment of visa application charge assessed under any of the following subparagraphs of Schedule 1:
(a) subparagraph 1104 (2) (b) (ii); (b) subparagraph 1110 (2) (b) (i); (c) subparagraph 1112 (2) (b) (i); (d) subparagraph 1114 (2) (b) (ii); (e) subparagraph 1116 (2) (b) (i); (f) subparagraph 1117 (2) (b) (i); (g) subparagraph 1118 (2) (b) (i); (h) subparagraph 1120 (2) (b) (i); (i) subparagraph 1121 (2) (b) (ii):	$2,200

13.   Transitional—visa application charge on further visa applications (Migration Regulations, regulation 2.11)

13.1   Subregulations 13.2 and 13.3 apply if:

• (a)

  an application for a visa (“the first application”) made by a person before the commencement of these Regulations is refused; and

• (b)

  under regulation 2.11 of the Migration Regulations, the Minister invites the person to make a further application (“the further application”); and

• (c)

  the person makes the further application after the commencement of these Regulations.

13.2   The actual amount that is payable by the person by way of the visa application charge in relation to the further application is the amount (if any) by which liability for the visa application charge in relation to the further application exceeds the actual amount of the application fee paid on the first application.

13.3   If the first instalment of the visa application charge payable on the further application is less than the actual amount of the application fee paid by the applicant in relation to the first application, the applicant is not entitled to a refund of the difference.

14.   Transitional—continued operation of regulations 2.07A and 5.39 of Migration Regulations

14.1   Despite the repeal by these Regulations of regulations 2.07A and 5.39 of the Migration Regulations, those regulations continue to have effect in relation to applications for visas and entry permits made before the commencement of these Regulations.

_____________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 May 1997.

2. Statutory Rules 1994 No. 268 as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75, 76, 108, 121, 135, 198, 211 and 276; 1997 Nos. 17 and 64.