Migration (VAC refunds for certain Prospective Marriage visas) Amendment Instrument (LIN 21/071) 2021 specifies two new conditions under subsection 5(4A) and subsection 5(7) in which the first installment of a VAC for a Prospective Marriage visa may be refunded:
- If the visa was in effect on 10 September 2021 and the visa holder entered Australia during that time but was unable to marry their sponsor before the visa ceased because of restrictions imposed by the COVID-19 pandemic and a request for refund has been made, on or before 31 December 2022, after the visa has ceased to be in effect.
- If the visa was in effect on 15 September 2021, the visa holder was outside Australia on 15 September 2021 and did not enter Australia after 15 September 2021 as a holder of that visa and a refund is requested on or before 31 December 2022, after the visa ceased to be in effect because the visa holder had requested the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) or (h) of the Regulations.
The Compilation is registered on the Federal Register of Legislation on 29 November 2021 and commenced on 29 October 2021. It is currently in force.
To access the Compilation, click here.