Migration Regulations 1994

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:

any of subregulations (2) to (8) of this regulation apply; and

the Minister:

receives a written request for a refund from the person who paid the amount; or

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.

This subregulation applies if the nomination is made because of a mistake by Immigration.

This subregulation applies if:

the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream; and

the person is a party to a work agreement; and

the person withdraws the nomination before a decision is made under section 140GB of the Act because:

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

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.

This subregulation applies if:

the person withdraws the nomination before a decision is made under section 140GB of the Act; and

the reason for withdrawing the nomination is that:

the nomination, by mistake, identified the wrong occupation or stream; or

the information in the nomination used to work out the amount of nomination training contribution charge in relation to the nomination was incorrect.

This subregulation applies if:

the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream; and

at the time the person made the nomination, the person had applied to be approved as a standard business sponsor; and

the person withdraws the nomination before a decision is made under section 140GB of the Act because:

the person has withdrawn the application to be approved as a standard business sponsor; or

the Minister has refused to approve the person as a standard business sponsor.

This subregulation applies if:

the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream; and

the person withdraws the nomination before a work agreement is entered.

This subregulation applies if:

an application for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa made on the basis of the nomination is finally determined; and

the grant of the visa is refused:

under section 501, 501A or 501B of the Act; or

because the visa applicant did not satisfy public interest criterion 4001, 4002, 4003, 4003B, 4005, 4007 or 4020.

This subregulation applies if:

a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa is granted on the basis of the nomination; and

the visa holder fails to commence employment in the position associated with the nominated occupation.

If:

a nomination made in relation to a person (the nominee) is approved; and

the nominee ceases to be employed by the person who made the nomination within 1 year after commencing employment with the person; and

the Minister:

receives a written request for a refund from the person; or

considers it is reasonable in the circumstances to give a refund without receiving a written request for a refund;

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

otherwise—$1,000.

A refund under subregulation (1) or (9) must be paid to the person who paid the amount.