Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:8:p6
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 8 (pt 6/10)
Character Range: 864429–867218

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 before a decision is made under regulation 5.19; and
 (b) the reason for withdrawing the application is that the information in the application used to work out the amount of nomination training contribution charge in relation to the nomination was incorrect.
 (5) This subregulation applies if:
 (a) the nomination relates to a visa in a Labour Agreement stream; and
 (b) the person withdraws the application for approval of the nomination before a labour agreement is entered.
 (6) This subregulation applies if:
 (a) the nomination relates to a visa in a Temporary Residence Transition stream; and
 (b) the person withdraws the application for approval of the nomination before a decision is made under regulation 5.19; and
 (c) the reason for withdrawing the application is that the application, by mistake, identified the wrong occupation in relation to the position nominated.
 (7) This subregulation applies if:
 (a) the person withdraws the application for approval of the nomination before a decision is made under regulation 5.19; and
 (b) the reason for withdrawing the application is that the application, by mistake, identified the wrong stream.
 (8) This subregulation applies if:
 (a) an application for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa made on the basis of the nomination is finally determined; and
 (b) the grant of the visa is refused:
 (i) under section 501, 501A or 501B of the Act; or
 (ii) because the visa applicant did not satisfy public interest criterion 4001, 4002, 4003, 4003B, 4005, 4007 or 4020; or
 (iii) because a member of the family unit of the visa applicant did not satisfy public interest criterion 4001, 4002, 4003, 4003B, 4005, 4007 or 4020.
 (9) This subregulation applies if:
 (a) a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa is granted on the basis of the nomination; and
 (b) the visa holder fails to commence employment in the position nominated.
 (10) A refund under subregulation (1) must be paid to the person who paid the amount.
 (11) A refund under subregulation (1) may be paid:
 (a) in Australian currency; or
 (b) if the amount in respect of which the refund is being paid was paid in another currency, in that other currency.

5.38  Sponsorship fee
 (1) This regulation applies to sponsorship of an applicant if the applicant is applying for a temporary visa for which sponsorship is a requirement (other than a Subclass 600 (Visitor) visa).