I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subparagraph 2.12F(1)(a)(ii) of the Migration Regulations 1994 (the Regulations).
Dated 21 October 2021
Alex Hawke
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
This instrument is the Migration (VAC refunds for certain Prospective Marriage visas) Amendment Instrument (LIN 21/071) 2021.
This instrument commences on the day after registration.
3 Amendment
Schedule 1 amends Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021.
Schedule 1 Amendment
(section 3)
[1] Subsection 5(2)
substitute
(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.
[2] After subsection 5(4)
insert
(4A) Subject to subsection (5), a circumstance is that all of the following apply:
(a) the visa was in effect on 10 September 2021;
(b) the visa holder entered Australia when the visa was in effect;
(c) 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 COVID-19 pandemic;
(d) the request for the refund is made on or before 31 December 2022;
(e) at the time of the request the visa had ceased to be in effect.
[3] Subsection 5(5)
omit
Paragraph (4)(d) does
insert
Subsections (4) and (4A) do
[4] After subsection 5(6)
insert
(7)A circumstance is that all of the following apply:
(a) the visa was in effect on 15 September 2021;
(b) the visa holder:
(i) was outside Australia on 15 September 2021; and
(ii) did not enter Australia after 15 September 2021 as the holder of that visa;
(c) the request for refund is made on or before 31 December 2022;
(d) at the time of the request, the visa had ceased to be in effect because the visa holder had asked the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) or (h) of the Regulations.