Classes of persons affected by education provider default – not required to pay first instalment of VAC

Legislative Instrument – IMMI 16/015 – F2016L00628 – Migration Regulations 1994 – Class of Persons specifies the classes of persons applying for Student (Temporary) Class TU visas who are not required to pay the first instalment of the visa application charge.

This Instrument specifies that the following persons:

  • Class 1 Students, as specified
  • Class 2 Students’ Family Members, as specified
  • Class 3 Student Guardians, as specified
  • Class 4 Family Members of Student Guardians, as specified

 are not required to pay the first instalment of the VAC in circumstances where: 

  • where the student was not able to complete the registered course due to provider default
  • there is satisfactory evidence of the student being enrolled in that course on provider default day
  • the student holds, or held as the last substantive visa a Student visa
  • the student requires a Subclass 500 visa to allow them to complete an alternative course/s
  • the student’s visa application is made no longer than 12 month after the provider default day
  • and the student has not made a previous application in circumstance specified in subparagraph 1(a)(v) or in the case of a student guardian circumstances specified in paragraph 3(a) of this Instrument.

This Instrument commences on 1 July 2016