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

> F2009L03978 — as made — Status: Repealed — Made/registered 2009-11-04 — https://www.legislation.gov.au/F2009L03978/latest/text

> _As-made (original) text, reproduced from the Federal Register of Legislation (legislation.gov.au) under CC BY 4.0. For amended instruments the current compilation may differ; confirm against the official source._

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.