Regulation 5.37A — Refund of employer nomination fee and nomination training contribution charge

5.37A Refund of employer nomination fee and nomination training contribution charge

(1) The Minister may refund any fee mentioned in regulation 5.37, or any nomination training contribution charge mentioned in paragraph 5.19(2)(fa), paid in relation to a nomination if:

(a) any of subregulations (2) to (9) 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 application for approval of the nomination is made because of a mistake by Immigration.

(3) This subregulation applies if:

(a) the nomination relates to a visa in a Labour Agreement stream; and

(b) the person is a party to a labour agreement; and

(c) the person withdraws the application for approval of the nomination before a decision is made under regulation 5.19 because:

(i) the person has identified an occupation in the application that is not specified in the labour agreement as an occupation in relation to which a position may be nominated; or

(ii) the number of nominations approved by the Minister under regulation 5.19 on application by the person is equal to or greater than the number of approved nominations permitted under the labour agreement for the year.

(4) This subregulation applies if:

(a) the person withdraws the application for approval of the nomination before a decision is made under regulation 5.19; and

(b) the reason for withdrawing the application is that the information in the application 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 relates to a visa in a Labour Agreement stream; and

(b) the person withdraws the application for approval of the nomination before a labour agreement is entered.

(6) This subregulation applies if:

(a) the nomination relates to a visa in a Temporary Residence Transition stream; and

(b) the person withdraws the application for approval of the nomination before a decision is made under regulation 5.19; and

(c) the reason for withdrawing the application is that the application, by mistake, identified the wrong occupation in relation to the position nominated.

(7) This subregulation applies if:

(a) the person withdraws the application for approval of the nomination before a decision is made under regulation 5.19; and

(b) the reason for withdrawing the application is that the application, by mistake, identified the wrong stream.

(8) This subregulation applies if:

(a) an application for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) 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; or

(iii) because a member of the family unit of the visa applicant did not satisfy public interest criterion 4001, 4002, 4003, 4003B, 4005, 4007 or 4020.

(9) This subregulation applies if:

(a) a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa is granted on the basis of the nomination; and

(b) the visa holder fails to commence employment in the position nominated.

(10) A refund under subregulation (1) must be paid to the person who paid the amount.

(11) A refund under subregulation (1) may be paid:

(a) in Australian currency; or

(b) if the amount in respect of which the refund is being paid was paid in another currency, in that other currency.