18 After subregulation 2.12F(3A)
Insert:
(3B) 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:
(i) a Subclass 186 (Employer Nomination Scheme) visa; or
(ii) a Subclass 187 (Regional Sponsored Migration Scheme) visa; and
(b) the visa application relates to a position nominated in an application (the nomination application) for approval under regulation 5.19; and
(c) the applicant for the visa withdraws the visa application in writing for any of the following reasons:
(i) the nomination application, by mistake, identified the wrong occupation in relation to the position nominated;
(ii) the nomination application sought to meet the requirements of subregulation 5.19(3), when it was more likely that the requirements of subregulation 5.19(4) would have been met, or vice versa;
(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 ceased to be available to the applicant because the nominator ceased to operate actively, lawfully and directly, in Australia, the business within which the applicant was, or was to be, employed to work in the position;
(v) if the visa application is in the Temporary Residence Transition stream—after the visa application was made but before the nomination application is decided, the applicant ceased to be employed in the position in respect of which the person held a Subclass 457 (Temporary Work (Skilled)) visa;
(vi) if the visa application is in the Temporary Residence Transition stream—the applicant did not satisfy the 2‑year requirement in sub‑subparagraph 5.19(3)(c)(i)(A) or (ii)(C) (whichever is applicable) when the nomination application was made; 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.