EXPLANATORY STATEMENT
Migration Regulations 1994
REFUND OF VISA APPLICATION CHARGES
(SUBPARAGRAPH 2.12F(1)(a)(ii))
- This Instrument is made under subparagraph 2.12F(1)(a)(ii) of the Migration Regulations 1994 (‘the Regulations’).
2. Subparagraph 2.12F(1)(a)(ii) of the Regulations provides that the Minister for Immigration and Citizenship (‘the Minister’) can specify circumstances in an instrument in writing where the Minister must refund the amount paid by way of the first instalment of the visa application charge (VAC).
3. The purpose of the Instrument is to specify the circumstances in which the Minister must refund the first instalment of the VAC.
4. The Instrument operates to specify that in circumstances where a student visa holder has been affected by an education provider default in 2009 and, as a result of this default applied for a new student visa to continue their studies in an alternative course, the person will be eligible for a refund of the VAC associated with this new student visa application. The Instrument specifies that the applicant must have applied and sought to satisfy the primary criteria for the new student visa. The Instrument specifies that the person must have been enrolled with the education provider when the education provider defaulted and, at the time of applying for their new student visa, must have held a student visa or their last substantive visa was a student visa. In addition, the applicant must not have previously applied for a refund of a VAC because of a provider default by the same education provider.
5. Consultation was undertaken before the instrument was made as follows:
- Department of Education, Employment and Workplace Relations;
- Department of Prime Minister and Cabinet;
- Department of Finance and Deregulation;
- Department of Treasury; and
- the Council of Australian Governments Senior Officials Working Group.
6. The Instrument, IMMI 09/116, commences on 9 November 2009.