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Restriction on Migration Review Tribunal Fee Waivers

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateJuly 1, 2011
CategoryLegal entry and stay
Policy toolMerits review appeal fees / administrative criteria
Affected groupVisa applicants / review applicants

Policy effect

Amended regulation 4.13(4) of the Migration Regulations 1994 to remove the authority to waive application fees entirely for Migration Review Tribunal (MRT) reviews, replacing full waivers with a maximum 50 percent fee reduction in cases of severe financial hardship.

Conditions and exceptions

Validated condition or limit: Amended regulation 4.13(4) of the Migration Regulations 1994 to remove the authority to waive application fees entirely for Migration Review Tribunal (MRT) reviews, replacing full waivers with a maximum 50 percent fee reduction in cases of severe financial hardship.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Migration Amendment Regulations 2011 (No. 4). 2 Commencement These Regulations commence on 1 July 2011. 3 Amendment of Migration Regulations 1994 (1) Schedule 1 amends the Migration Regulations 1994. (2) The amendments made by Schedule 1 apply in relation to an application, made on or after 1 July 2011, for review by the Migration Review Tribunal of a decision. Schedule 1 Amendments (regulation 3) [1] Subregulation 4.13 (4) substitute (4) If the Registrar, or a Deputy Registrar, of the Tribunal, or another officer of the Tribunal authorised in writing by the Registrar, is satisfied that the payment of the fee mentioned in subregulation (1) has caused, or is likely to cause, severe financial hardship to the review applicant, the Registrar, Deputy Registrar or officer may determine that the fee payable is 50% of the amount mentioned in subregulation (1). Federal Register of Legislative Instruments F2011L01376 Amendments Schedule 1 2011, 122 Migration Amendment Regulations 2011 (No. 4) 3 [2] Subregulation 4.14 (1) substitute (1) The table sets out: (a) circumstances in which all or part of the amount of the fee for an application for review of a decision is to be refunded; and (b) the amount …
Federal Register of LegislationSelect Legislative Instrument 2011 No. 122; Migration Amendment Regulations 2011 (No. 4) (Cth)Open official source
Retrieved from https://www.legislation.gov.au/Details/F2011L01376

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-8a49f7badba2e7cee928. Something wrong? Flag this record.