Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 1/38)
Character Range: 757517–760292

6                               the application is remitted to the primary decision‑maker for reconsideration                                                                                  50% of the amount the applicant was required to pay by regulation 4.13

 (2) If an application for review by the ART is withdrawn, the fee paid on the application is to be refunded if the application is withdrawn because:
 (a) the death has occurred, since the visa application was made, of:
 (i) the applicant for the visa that was the subject of the application; or
 (ii) a member of that applicant's family unit; or
 (iii) a review applicant; or
 (b) the applicant for the visa that was the subject of the application has been granted a visa of the class applied for otherwise than because the Minister has reconsidered the primary application and the applicant's score on the reconsideration is more than or equal to the applicable pass mark; or
 (c) in relation to an application for a parent visa—the applicant:
 (i) applied for another parent visa after lodging the application for review; and
 (ii) wants to have a decision made on the application for the other parent visa.

4.15  ART's power to remit matters with orders
 (1) For the purposes of subsection 349(2) of the Act (which deals with the ART's power to remit):
 (a) an application for a visa is a prescribed matter; and
 (b) subject to subregulation (4), a permissible order is that the applicant must be taken to have satisfied a specified criterion for the visa.
 (1A) For the purposes of subsection 349(2) of the Act:
 (a) the following are prescribed matters:
 (i) a nomination under subsection 140GB(1) of the Act;
 (ii) a nomination referred to in subregulation 5.19(1); and
 (b) a permissible order is that the nomination must be taken to have met a specified criterion or requirement for approval under subsection 140GB(2) of the Act or subregulation 5.19(3) (as the case may be).
 (2) For the purposes of subsection 349(2) of the Act, the requiring of a security that is mentioned in paragraph 4.02(4)(f) is a prescribed matter.
 (3) If the ART remits a prescribed matter that is mentioned in subregulation (2) to the primary decision‑maker, the ART may order the primary decision‑maker:
 (a) to indicate to the applicant that a condition specified by the ART will be imposed on the visa if it is granted; and
 (b) to require a security for compliance with the condition (whether or not a security has already been required).
 (4) If:
 (a) a person applies for a Prospective Marriage (Temporary) (Class TO) visa; and
 (b) in the period after the Minister's decision on the application is made and before the application is finally determined, the applicant:
 (i) marries the person who was specified in the