Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:13_8101
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 13 cl 8101
Character Range: 2583441–2585992

8101  Transitional provisions in relation to Subclass 187 (Regional Sponsored Migration Scheme) visa
 (1) This clause applies in relation to a nomination under regulation 5.19 if:
 (a) the nomination relates to a Subclass 187 (Regional Sponsored Migration Scheme) visa; and
 (b) the person identified in the nomination:
 (i) did not apply for a Subclass 187 (Regional Sponsored Migration Scheme) visa on the basis of the nomination on or before 16 November 2019; and
 (ii) if the nomination relates to a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream—is not a transitional 457 worker, or transitional 482 worker, on 16 November 2019.

Applications for approval of nominations that are not decided before 16 November 2019
 (2) An application for approval of the nomination is taken to be withdrawn on 16 November 2019 if:
 (a) the Minister did not approve, and did not refuse to approve, the nomination under subregulation 5.19(3) on or before 15 November 2019; and
 (b) the application was not withdrawn on or before 15 November 2019.

Refund of nomination training contribution charge
 (3) The Minister must refund any nomination training contribution charge mentioned in paragraph 5.19(2)(fa) paid in relation to the nomination if:
 (a) either:
 (i) the application for approval of the nomination is taken to be withdrawn under subclause (2) of this clause; or
 (ii) the Minister refused to approve the nomination under subregulation 5.19(3)(b), and on 16 November 2019 the application for approval is not finally determined; and
 (b) the Minister:
 (i) receives a written request for a refund from the person who paid the charge; or
 (ii) considers it is reasonable in the circumstances to refund the charge to the person who paid the charge without receiving a written request for a refund.
 (4) The Minister may refund any nomination training contribution charge mentioned in paragraph 5.19(2)(fa) paid in relation to the nomination if:
 (a) the Minister approved the nomination under paragraph 5.19(3)(a) on or before 15 November 2019; and
 (b) the Minister:
 (i) receives a written request for a refund from the person who paid the charge; or
 (ii) considers it is reasonable in the circumstances to refund the charge to the person who paid the amount without receiving a written request for a refund.
 (5) A refund under subclause (3) or (4) must be paid to the person who paid the charge.

Part 82—Amendments made by the Migration Amendment (Chest X‑ray Requirements) Regulations 2019