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Migration Regulations 1994 - Specification under subparagraph 2.12F(1)(a)(ii) - Refund of Visa Application Charges - October 2009

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Commonwealth of Australia
 
Migration Regulations 1994
 
REFUND OF VISA APPLICATION CHARGES
(SUBPARAGRAPH 2.12F(1)(a)(ii))
 I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under subparagraph 2.12F(l)(a)(ii) of the Migration Regulations 1994 (‘the Regulations’) SPECIFY each circumstance listed in the Schedule to this instrument as a circumstance for the purposes of subparagraph 2.12F(1)(a)(ii) of the Regulations.
 
This Instrument, IMMI 09/116, commences on 9 November 2009. 
 
 
Dated               30 October      2009
 
 
 
 
 
CHRIS EVANS
Minister for Immigration and Citizenship
 
 
 
 [NOTE : Regulation 2.12F specifies when the Minister may refund an amount paid by way of the first instalment of the visa application charge in relation to an application for a visa.]
SCHEDULE
1
A circumstance where:
 
(a) an applicant applied and sought to satisfy the primary criteria for a student visa (“the new student visa”) because the applicant was not able to complete a registered course due to a provider default; and
 
(b) at the time the applicant applied for the new student visa the applicant held a student visa or their last substantive visa was a student visa; and
(c) the applicant requires the new student visa to complete a registered course that they were unable to complete due to provider default; and
(d) the applicant was enrolled at the education provider when the provider default occurred; and
(e) the provider default occurred in 2009; and
(f) the applicant has not previously applied for a refund of a visa application charge because of a provider default by the same education provider.
 
Note:
Provider default occurs where:
(a) the registered course does not start on the agreed starting day; or
(b) the registered course ceases to be provided at any time after it starts but before it is completed; or
(c) the registered course is not provided in full to the student;
because an action under Division 1 or Division 2 of Part 6 of the Education Services for Overseas Students Act 2000 has been taken in relation to the education provider.
 
student visa means a Subclass 560, 562, 563, 570, 571, 572, 573, 574, 575 or 576 visa, whenever granted.
 
education provider for a registered course in a State or Territory, means each institution, body or person that is a registered provider of the course in that State or Territory, for the Education Services for Overseas Students Act 2000.
 
registered course means a course of education or training provided by an institution, body or person that is registered, under section 9 of the Education Services for Overseas Students Act 2000, to provide the course to overseas students.