Commonwealth Coat of Arms of Australia

 

LIN 24/062

 

Migration (Refund of Visa Application Charge) Amendment (Business Innovation and Investment Program) Instrument (LIN 24/062) 2024

I, Patrick Bryson, delegate of the Minister, make the following instrument.

Dated    20 September 2024

Patrick Bryson

Acting Assistant Secretary (Senior Executive Band 1)
Skilled Visas Branch
Department of Home Affairs

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021

 

 

1  Name

  This instrument is the Migration (Refund of Visa Application Charge) Amendment (Business Innovation and Investment Program) Instrument (LIN 24/062) 2024.

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

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

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021

1  After section 10

Insert:

11 Refund—Subclass 132 (Business Talent) visa and Subclass 188 (Business Innovation and Investment Provisional) 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 any of the following visas:

 (a) a Subclass 132 (Business Talent) visa;

 (b) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream;

 (c) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream;

 (d) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream;

 (e) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.

 (2) For the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations, the circumstance set out in subsection (3) is specified.

 (3) The circumstance is that all of the following apply:

 (a) an application for a visa mentioned in subsection (1) was made at any time;

 (b) the application for the visa has not been finally determined;

 (c) the Minister has received a written request to withdraw the application;

 (d) the request to withdraw the application is made in writing on or after 31 July 2024.