# Refund of nomination fee and nomination training contribution charge—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa

> reg-2.73C — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.73C Refund of nomination fee and nomination training contribution charge—
         Subclass 494 (Skilled Employer Sponsored Regional (Provisional))
         visa
          (1) The Minister may refund the fee mentioned in subregulation 2.73B(5) or (7), or
              any nomination training contribution charge mentioned in
              subregulation 2.73B(6), paid in relation to a nomination if:
                (a) any of subregulations (2) to (8) of this regulation apply; and







                 (b) the Minister:
                       (i) receives a written request for a refund from the person who paid the
                           amount; or
                      (ii) considers it is reasonable in the circumstances to refund the amount to
                           the person who paid the amount without receiving a written request
                           for a refund.
          (2) This subregulation applies if the nomination is made because of a mistake by
              Immigration.
          (3) This subregulation applies if:
               (a) the nomination is of an occupation for a Subclass 494 (Skilled Employer
                    Sponsored Regional (Provisional)) visa in the Labour Agreement stream;
                    and
               (b) the person is a party to a work agreement; and
               (c) the person withdraws the nomination before a decision is made under
                    section 140GB of the Act because:
                      (i) the person has listed an occupation in the nomination that is not
                          specified in the work agreement as an occupation that the person may
                          nominate in relation to Subclass 494 (Skilled Employer Sponsored
                          Regional (Provisional)) visas; or
                     (ii) the number of nominations in relation to Subclass 494 (Skilled
                          Employer Sponsored Regional (Provisional)) visas made by the
                          person and approved by the Minister under section 140GB of the Act
                          is equal to or greater than the number of approved nominations in
                          relation to that type of visa permitted under the work agreement for
                          the year.
          (4) This subregulation applies if:
               (a) the person withdraws the nomination before a decision is made under
                    section 140GB of the Act; and
               (b) the reason for withdrawing the nomination is that:
                      (i) the nomination, by mistake, identified the wrong occupation or
                          stream; or
                     (ii) the information in the nomination used to work out the amount of
                          nomination training contribution charge in relation to the nomination
                          was incorrect.
          (5) This subregulation applies if:
               (a) the nomination is of an occupation for a Subclass 494 (Skilled Employer
                    Sponsored Regional (Provisional)) visa in the Employer Sponsored stream;
                    and
               (b) at the time the person made the nomination, the person had applied to be
                    approved as a standard business sponsor; and
               (c) the person withdraws the nomination before a decision is made under
                    section 140GB of the Act because:
                     (i) the person has withdrawn the application to be approved as a standard
                         business sponsor; or







                      (ii) the Minister has refused to approve the person as a standard business
                           sponsor.
          (6) This subregulation applies if:
               (a) the nomination is of an occupation for a Subclass 494 (Skilled Employer
                    Sponsored Regional (Provisional)) visa in the Labour Agreement stream;
                    and
               (b) the person withdraws the nomination before a work agreement is entered.
          (7) This subregulation applies if:
               (a) an application for a Subclass 494 (Skilled Employer Sponsored Regional
                    (Provisional)) visa made on the basis of the nomination is finally
                    determined; and
               (b) the grant of the visa is refused:
                      (i) under section 501, 501A or 501B of the Act; or
                     (ii) because the visa applicant did not satisfy public interest criterion
                          4001, 4002, 4003, 4003B, 4005, 4007 or 4020.
          (8) This subregulation applies if:
               (a) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
                    is granted on the basis of the nomination; and
               (b) the visa holder fails to commence employment in the position associated
                    with the nominated occupation.
          (9) If:
                (a) a nomination made in relation to a person (the nominee) is approved; and
                (b) the nominee ceases to be employed by the person who made the
                    nomination within 1 year after commencing employment with the person;
                    and
                (c) the Minister:
                      (i) receives a written request for a refund from the person; or
                     (ii) considers it is reasonable in the circumstances to give a refund
                          without receiving a written request for a refund;
              the Minister may refund any nomination training contribution charge mentioned
              in subregulation 2.73B(6) paid in relation to the nomination, less:
                (d) if the annual turnover (within the meaning of the Migration (Skilling
                    Australians Fund) Charges Regulations 2018) for the nomination is less
                    than $10,000,000—$600; or
                (e) otherwise—$1,000.
         (10) A refund under subregulation (1) or (9) must be paid to the person who paid the
              amount.
