Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p5
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 5/34)
Character Range: 282177–284938

2.10C  Time of making Internet application
  For these Regulations, an Internet application is taken to have been made:
 (a) if Australian Eastern Standard Time is in effect in Australia—at the time, identified using Australian Eastern Standard Time, that corresponds to the time at which the Internet application is made; or
 (b) if Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory is in effect in Australia—at the time, identified using Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory, that corresponds to the time at which the Internet application is made.

2.11  Special provisions for certain visa applications that are refused
 (1) If:
 (a) an application for a visa by a non‑citizen made outside Australia (a first application) has been made; and
 (b) the first application has been refused; and
 (c) it appears to the Minister, on the basis of the information available to the Minister, that, if the non‑citizen had applied for a visa of a different class, the visa would be likely to have been granted;
the Minister may invite the non‑citizen to make an application (a further application) for a visa of the different class.
 (2) An invitation made under subregulation (1) is to be an invitation:
 (a) if the first application was for a permanent visa—to make an application for a permanent visa; or
 (b) if the first application was for a temporary visa—to make an application for a temporary visa.
 (2A) However:
 (a) if the first application was for a Prospective Marriage (Temporary) (Class TO) visa, the Minister may invite the applicant to make a further application for both:
 (i) a Partner (Provisional) (Class UF) visa; and
 (ii) a Partner (Migrant) (Class BC) visa; and
 (b) if the first application was for both:
 (i) a Partner (Provisional) (Class UF) visa; and
 (ii) a Partner (Migrant) (Class BC) visa;
  the Minister may invite the applicant to make a further application for a Prospective Marriage (Temporary) (Class TO) visa; and
 (c) if the first application was for a Return (Residence) (Class BB) visa, the Minister may invite the applicant to make a further application for a Resident Return (Temporary) (Class TP) visa.
 (3) The ART is not to invite a further application under subregulation (1).
 (4) The non‑citizen must make the further application within 28 days (or, if the Minister in the circumstances of the case so decides, 70 days) after the day on which the non‑citizen is notified of the invitation to make that application.
 (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