Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:8:p5
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 8 (pt 5/10)
Character Range: 861887–864680

instalment of visa application charge; or
 (b) an amount of visa evidence charge; or
 (ba) an amount of nomination training contribution charge; or
 (c) a fee payable under these Regulations except regulation 5.41C.

5.37  Employer nomination fee
 (1) This regulation sets out the fee for an application under subregulation 5.19(1) for the Minister's approval of the nomination of a position.
Note: Paragraph 5.19(2)(f) requires the fee to accompany the application.
 (2) If the application relates to a visa in a Temporary Residence Transition stream:
 (a) if the position is located in regional Australia—no fee is payable; or
 (b) if the position is not located in regional Australia—the fee is $540.
 (3) If the application relates to a visa in a Direct Entry stream:
 (a) if the application seeks to meet the requirements set out in subregulation 5.19(10) (Employer Nomination Scheme)—the fee is $540; or
 (b) if the application seeks to meet the requirements set out in subregulation 5.19(12) (Regional Sponsored Migration Scheme)—no fee is payable.
 (4) If the application relates to a visa in a Labour Agreement stream:
 (a) if the position is located in regional Australia—no fee is payable; or
 (b) if the position is not located in regional Australia—the fee is $540.

5.37A  Refund of employer nomination fee and nomination training contribution charge
 (1) The Minister may refund any fee mentioned in regulation 5.37, or any nomination training contribution charge mentioned in paragraph 5.19(2)(fa), paid in relation to a nomination if:
 (a) any of subregulations (2) to (9) apply; and
 (b) the Minister:
 (i) receives a written request for a refund from the person who paid the amount; or
 (ii) considers it is reasonable in the circumstances to refund the amount to the person who paid the amount without receiving a written request for a refund.
 (2) This subregulation applies if the application for approval of the nomination is made because of a mistake by Immigration.
 (3) This subregulation applies if:
 (a) the nomination relates to a visa in a Labour Agreement stream; and
 (b) the person is a party to a labour agreement; and
 (c) the person withdraws the application for approval of the nomination before a decision is made under regulation 5.19 because:
 (i) the person has identified an occupation in the application that is not specified in the labour agreement as an occupation in relation to which a position may be nominated; or
 (ii) the number of nominations approved by the Minister under regulation 5.19 on application by the person is equal to or greater than the number of approved nominations permitted under the labour agreement for the year.
 (4) This subregulation applies if:
 (a) the person withdraws the application for approval of the nomination