Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p17
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 17/34)
Character Range: 312087–314787

in relation to an application for a visa if:
 (a) any of the circumstances mentioned in subregulation (2) exists; and
 (b) the Minister receives a written request for a refund from:
 (i) the person who paid the amount (the payer); or
 (ii) if the payer has died, or the payer has a serious physical or mental incapacity, the payer's legal personal representative; or
 (iii) 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.
 (2) For paragraph (1)(a), the circumstances are as follows:
 (a) the applicant withdraws the application in writing before the application is decided;
 (b) the applicant dies before first entering Australia as the holder of the visa;
 (c) the application has been finally determined within the meaning of section 11A of the Act and the visa is not granted;
 (d) the visa is granted, and later cancelled, before the applicant first enters Australia as the holder of the visa;
 (e) the visa is granted, and otherwise ceases, before the applicant first enters Australia as the holder of the visa;
 (f) the amount was paid under a provision of Schedule 1 specified in an instrument in writing made by the Minister for this paragraph and, within the period of 12 months starting on the applicant's visa commencement day (within the meaning of the Immigration (Education) Act 1971), any of the following events occur:
 (i) the applicant dies before commencing a course of English language tuition to which the applicant was entitled under section 4B of that Act;
 (ii) the applicant's visa is cancelled before the applicant commences a course of English language tuition to which the applicant would otherwise be entitled under section 4B of that Act;
 (iii) the applicant's visa ceases to have effect before the applicant commences a course of English language tuition to which the applicant would otherwise be entitled under section 4B of that Act;
 (iv) the obligation of the Commonwealth to the applicant under section 4B of that Act ceases, by operation of paragraph 4A(1)(b) of that Act, before the applicant commences a course of English language tuition to which the applicant would otherwise be entitled under section 4B of that Act.
 (2A) However, subparagraph (2)(f)(iii) does not apply if, before the visa ceases to have effect, the Commonwealth's obligation under section 4B of the Immigration (Education) Act 1971, in relation to the applicant, has ceased by operation of paragraph 4C(2)(a) or (b) of that Act.
 (3) For this regulation, an application is taken not to have