Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:1_1128
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 1 cl 1128
Character Range: 957425–959512

1128  Return (Residence) (Class BB)
 (1) Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
 (2) Visa application charge:
 (a) the base application charge (payable at the time the application is made) is $475; and
 (b) the second instalment (payable before grant of visa) is nil.
Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
 Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.
 (3) Other:
 (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
 (b) The applicant may be in or outside Australia, but not in immigration clearance.
 (c) Applicant must not hold a Transitional (Permanent) visa that is taken to have been granted under regulation 9 of the Migration Reform (Transitional Provisions) Regulations.
 (d) Application by a person is not a valid application if:
 (i) the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135(1) of the Act, proposing cancellation; and
 (ii) the person has not been notified of a decision not to proceed with the cancellation; and
 (iii) the visa was not the subject of a decision to cancel the visa under section 134 of the Act.
 (e) Application by a person is not a valid application if:
 (i) the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and
 (ii) the decision to cancel the visa has not been set aside by the ART.
 (4) Subclasses:
 155 (Five Year Resident Return)
 157 (Three Month Resident Return)