Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p10
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 10/34)
Character Range: 294834–297564

If the Minister gives a person a document by a method specified in section 494B of the Act, the person is taken to have received the document at the time specified in section 494C of the Act in respect of the method.

2.12F  Refund of first instalment of visa application charge
 (1) The Minister must refund the amount paid by way of the first instalment of the visa application charge in relation to an application for a visa if:
 (a) either of the following circumstances exists:
 (i) a circumstance mentioned in subregulation (2);
 (ii) a circumstance specified by the Minister in an instrument in writing for this subparagraph; and
 (b) the Minister:
 (i) receives a written request for a refund from a person mentioned in subregulation (2A); or
 (ii) considers it is reasonable in the circumstances to refund the amount to a person mentioned in subregulation (2A) without receiving a written request for a refund.
 (2) For subparagraph (1)(a)(i), each of the following is a circumstance:
 (a) the application is unnecessary at the time that it is made;
 (b) the application is made because of a mistake made by Immigration;
 (c) the applicant dies before a decision is made on the application;
 (d) the application is an application made in Australia for a Tourist (Class TR) visa by an applicant who:
 (i) satisfies the Minister that the applicant meets the requirements of subclause 676.221(3) of Schedule 2; and
 (ii) is granted the further visa referred to in that subclause;
 (db) the application is an application made in Australia, on or after 23 March 2013, for a Subclass 600 (Visitor) visa or a Medical Treatment (Visitor) (Class UB) visa by an applicant:
 (i) in relation to whom the requirements of subclause 600.611(4), subclause 602.212(7) or clause 602.314 of Schedule 2 have been satisfied; and
 (ii) who is granted the visa to which the requirements relate;
 (ii) is granted the further visa referred to in that subclause;
 (f) the applicant's application for a class of visa mentioned in subregulation (2B) was withdrawn because there was not an approved nomination that identified the applicant;
 (g) in relation to an application for a class of visa mentioned in subregulation (2B), the applicant's application was withdrawn because the applicant:
 (i) was not required to be identified in an approved nomination; and
 (ii) did not have an approved work sponsor;
 (h) in relation to an application for a Subclass 408 (Temporary Activity) visa that met the requirement in item 3 of the table in subitem 1237(3) of Schedule 1, the applicant's application was withdrawn because the applicant did not have an approved work sponsor.
 (2A) For subparagraph (1)(b)(i), the written request must be from:
 (a) the