Migration (VAC refunds for certain Prospective Marriage visas) Amendment Instrument (LIN 21/071) 2021, dated 21 October 2021 amends Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021, to insert two additional circumstances in which the first installment VAC for Prospective Marriage (Subclass 300) visa holders or former holders (visa holders), who are adversely impacted by COVID-19 related travel difficulties, may be refunded.
The instrument 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:
i. 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.
ii. 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 instrument is registered on the Federal Register of Legislation on 28 October 2021 and commenced on 29 October 2021. It is currently in force.
To access the instrument, click here.
