Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p15
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 15/34)
Character Range: 307317–309915

(the partial amount) has been refunded under regulation 2.12FA in relation to an application for a visa; and
 (b) the Minister must or may, under this regulation, refund an amount paid in relation to the application;
then, despite anything in this regulation, the amount to be refunded under this regulation is to be reduced by an amount equal to the partial amount.

2.12FA  Partial refund of first instalment of visa application charge to certain applicants

Refund on request
 (1) If:
 (a) an amount (the paid amount) has been paid by way of the first instalment of the visa application charge in relation to an application made on or after 1 July 2024 for a Student (Temporary) (Class TU) visa; and
 (b) one of the following applies:
 (i) the application was made by a person (the primary applicant) seeking to meet the primary criteria for the grant of the visa;
 (ii) the application was combined, in a way permitted by Schedule 1, with the application made by the primary applicant (whether the primary applicant's application was made before, on or after 1 July 2024);
 (iii) the application was made by a person who is a member of the family unit of another person (the primary visa holder) who holds a Student (Temporary) (Class TU) visa, having satisfied the primary criteria for that visa; and
 (c) the paid amount is more than the amount (the old amount) of the first instalment of the visa application charge that would have been payable in relation to the application if the application had been made on 30 June 2024; and
 (d) the Minister receives a written request from a person mentioned in subregulation (2) for a refund of the difference between the paid amount and the old amount; and
 (e) the Minister is satisfied that, at the time of the request, the primary applicant or the primary visa holder (as the case may be) held a valid passport issued by a specified country; and
 (f) no amount has been refunded under regulation 2.12F in relation to the application;
then the Minister must refund an amount equal to the difference between the paid amount and the old amount.
 (2) For the purposes of paragraph (1)(d), the written request must be from:
 (a) the person who paid the amount (the payer); or
 (b) if the payer has a serious physical or mental incapacity—the payer's legal personal representative; or
 (c) if the payer is a bankrupt within the meaning of the Bankruptcy Act 1966—the trustee of the estate of the payer.
Note: See regulation 2.12K in relation to who is the person who pays an amount by way of an instalment of visa application charge.

Making of refunds