Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p13
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 13/34)
Character Range: 302357–305181

the nomination application was made;
 (vii) if the nomination application is made on or after 18 March 2018 and before 7 December 2024 and the visa application is in the Temporary Residence Transition stream—the applicant did not, when the nomination application was made, satisfy the requirement in paragraph 5.19(5)(e), or in paragraph 5.19(5)(f) or (g) (as applicable);
 (viia) if the nomination application is made on or after 7 December 2024 and the visa application is for a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream—the applicant did not, when the nomination application was made, satisfy the requirement in paragraph 5.19(5A)(d), or in paragraph 5.19(5A)(e) or (f) (as applicable);
 (viib) if the visa application is made on or after 7 December 2024 and the visa application is for a Subclass 186 (Employer Nomination Scheme) visa in the Temporary Residence Transition stream—the applicant did not, when the visa application was made, satisfy the requirements in clause 186.226 or 186.227 of Schedule 2;
 (viii) if the nomination application was made on or after 12 August 2018—the nomination application is withdrawn in the circumstances specified in subregulation 5.37A(3), (4) or (5); and
 (d) after the withdrawal, 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.
 (3C) The Minister may refund the amount paid by way of the first instalment of the visa application charge in relation to a visa application if:
 (a) the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
 (b) the visa application relates to a nomination of an occupation under subsection 140GB(1) of the Act; and
 (c) the applicant for the visa withdraws the visa application in writing for any of the following reasons:
 (i) the nomination, by mistake, identified the wrong occupation;
 (ii) the nomination is withdrawn before a decision is made on the nomination under section 140GB of the Act because the nomination, by mistake, identified the wrong stream;
 (iii) after the visa application was made, action was taken against the nominator under section 140K of the Act for a failure to satisfy an applicable sponsorship obligation;
 (iv) after the visa application was made, the position associated with the nominated occupation ceased to be available to the applicant because the business within which the applicant was, or was to be, employed to work in the position ceased to operate lawfully in Australia;
 (v) the