Return (Residence) (Class BB)

(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

(2) Visa application charge:

(a) the base application charge (payable at the time the application is made) is $490; and

(b) the second instalment (payable before grant of visa) is nil. Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application. Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.

(3) Other:

(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

(b) The applicant may be in or outside Australia, but not in immigration clearance.

(c) Applicant must not hold a Transitional (Permanent) visa that is taken to have been granted under regulation 9 of the Migration Reform (Transitional Provisions) Regulations.

(d) Application by a person is not a valid application if:

(i) the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135(1) of the Act, proposing cancellation; and

(ii) the person has not been notified of a decision not to proceed with the cancellation; and

(iii) the visa was not the subject of a decision to cancel the visa under section 134 of the Act.

(e) Application by a person is not a valid application if:

(i) the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and

(ii) the decision to cancel the visa has not been set aside by the ART.