EXPLANATORY STATEMENT

Migration Regulations 1994

REFUND OF SECOND INSTALMENT OF VISA APPLICATION CHARGES

(PARAGRAPH 2.12H(2)(f))

1. This Instrument is made under paragraph 2.12H(2)(f) of the Migration Regulations 1994 (‘the Regulations’).

2.                  Paragraph 2.12H(2)(f) of the Regulations provides that the Minister may specify Schedule 1 provisions, in a written instrument, whereby the second instalment of a visa application charge (VAC) must be refunded.

3.                  The purpose of the Instrument is to allow the Minister to specify circumstances under which a refund the second instalment of a VAC must be paid.

4.                  The instrument operates to enable a refund of the second VAC instalment, paid under specified Schedule 1 provisions, if that VAC was  payable only where the applicant does not meet the English language requirement.

5.                  Consultation was undertaken before the instrument was made as follows:

• DIAC Officials working in National Office were asked to provide details of VACs payable only where the applicant does not meet the English language requirement, for inclusion in the instrument.

7. The instrument commences on 21 December 2009.