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 add to the list of visas specified in the previous Instrument IMMI 09/137 the Schedule 1 provisions relevant to the new visas created by SkillSelect, under which the Minister may refund the second instalment of the VAC.
4. The Instrument operates to enable a refund of the second VAC instalment, paid under specified Schedule 1 provisions, if that VAC was  payable because the applicant does not meet the English language requirement.
5. Pursuant to section 18 of the Legislative Instruments Act 2003, consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
6. The Office of Best Practice Regulation was consulted and has advised that a Regulatory Impact Statement is not required (OBPR Reference 2011/13150).
7. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
8.  The Instrument commences on 1 July 2012 immediately after the commencement of the Migration Amendment Regulation 2012 (No. 2).