Document ID: chunk:federal_register_of_legislation:F2024C00934:body:0:p2
Version: federal_register_of_legislation:F2024C00934
Segment Type: other
Provision Reference: 
Character Range: 2894–5661

instrument is the Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021.

3 Authority
        This instrument is made under subparagraph 2.12F(1)(a)(ii) of the Migration Regulations 1994.

4 Definitions
        In this instrument:
COVID‑19 pandemic has the same meaning as in the Migration (LIN 20/229: COVID‑19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020.
Regulations means the Migration Regulations 1994.

Part 2 Refunds of first instalment of visa application charge

5 Refund—Subclass 300 (Prospective Marriage) visa
       (1) This section applies in relation to a refund of the amount paid by way of the first instalment of the visa application charge in relation to an application for a Subclass 300 (Prospective Marriage) visa unless:
(a) before the Subclass 300 (Prospective Marriage) visa ceased to be in effect, the visa holder, or the visa holder's sponsor, notified the Minister that the visa holder and the visa holder's sponsor no longer intended to marry; or
(b) at any time after the Subclass 300 (Prospective Marriage) visa was granted, the visa holder applied for a Subclass 801 (Partner) visa and paid the first instalment of the visa application charge for the Subclass 801 (Partner) visa under subparagraph 1124B(2)(a)(v) or 1124B(2)(a)(vi) of Schedule 1 to the Regulations.
       (2) For subparagraph 2.12F(1)(a)(ii) of the Regulations, a circumstance set out in any of subsections (3), (4), (4A), (6) and (7) is specified.
       (3) A circumstance is that all of the following apply:
(a) the visa ceased to be in effect during the period commencing on 20 March 2020 and ending on 5 October 2020;
(b) the visa ceased to be in effect while the visa holder was outside Australia;
(c) if the visa ceased to be in effect because it was cancelled, the cancellation occurred only because the visa holder asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) of the Regulations;
(d) the request for the refund is made on or before 31 December 2022.
       (4) Subject to subsection (5), a circumstance is that all of the following apply:
(a) the visa ceased to be in effect during the period commencing on 20 March 2020 and ending on 5 October 2020;
(b) the visa ceased to be in effect while the visa holder was in Australia;
(c) if the visa ceased to be in effect because it was cancelled, the cancellation occurred only because the visa holder asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) of the Regulations;
(d) the visa holder was unable to marry the visa holder's sponsor before the visa ceased to be in effect only because of restrictions imposed as a result of the