Refund of Visa Charges

**movingon** · 03-02-2010, 07:13 PM

Hi

I have withdrawn my visa application and the immigration office has refused my request for a refund. They told me the legislation does allow for a refund if the applicant simply withdraws.

Now I find this unfair. Here is why: I withdrew my application because of the new processing times. In fact I should say I decided to withdraw because of the absence of a time frame and any assurance that my visa will be processed at all, if ever. When I had lodged my application, the understanding given by the immigration office was it would be done in 6-9 months. And now when this time frame has expanded interminably, I was not willing to wait and so chose to withdraw. So why should I be penalised for something that is not my fault?

I am trying to find out if there is a way to challenge this policy or legislation. I would like to hear from anyone who is in a similar situation, or just any advice of how I can go about this.

Thanks

**Andy** · 03-02-2010, 07:19 PM

Originally Posted by movingon

Hi

I have withdrawn my visa application and the immigration office has refused my request for a refund. They told me the legislation does allow for a refund if the applicant simply withdraws.

Now I find this unfair. Here is why: I withdrew my application because of the new processing times. In fact I should say I decided to withdraw because of the absence of a time frame and any assurance that my visa will be processed at all, if ever. When I had lodged my application, the understanding given by the immigration office was it would be done in 6-9 months. And now when this time frame has expanded interminably, I was not willing to wait and so chose to withdraw. So why should I be penalised for something that is not my fault?

I am trying to find out if there is a way to challenge this policy or legislation. I would like to hear from anyone who is in a similar situation, or just any advice of how I can go about this.

Thanks

Hi, we are in the same position as you where after i applied for the visas and paid for them the goal posts were then moved, i am not however looking for my money back as we still want to go, having said that i can see your point of view. I would suspect that small print somewhere would cover them should they decide to change the waiting times!

**Gollywobbler** · 03-02-2010, 07:37 PM

Hi Movingon

Welcome to Poms in Oz.

DIAC are correct. At the moment the legislation does not allow for a refund simply because a GSM applicant has decided to withdraw his application.

On 3oth November 2009, 5 Poms in Oz members went to Australia House in London to meet with David Wilden, DIAC's Regional Director for Europe.

During the meeting we asked Mr Wilden about possible refunds because some people would inevitably get fed up with waiting - perhaps indefinitely - for their visas. Mr Wilden said that the Minister for Immi considers that it is unreasonable to expect some visa applicants to wait indefinitely and that the Minister has told DIAC to find out how to make a refund possible in the situation which you describe.

Mr Wilden said that in order to give effect to the Minister's wishes, the first step is that DIAC have to consult the Treasury. DIAC can't simply pay refunds off their own bat. Mr Wilden said that if it proves to be possible to do as the Minister for Immi wishes, Mr W's feeling was that it might be necessary to alter Australian Immi Law. He wasn't sure whether changing the Law would be necessary or not - nor was anyone else at the meeting sure.

What I did gather was that DIAC consulting with the Treasury and then reporting back to the Minister about the possibilities would take at least a year. After that the speed of any change would depend on which bits of the Law would need to be altered and how long it would take to do that. It did not sound to me as if refunds in your situation will become possible any time soon.

DIAC win as far as you are concerned, though. They win because of their FAQ of 23rd September 2009:

http://www.immi.gov.au/skilled/gener...processing.pdf

They gave fair warning that no refunds would be possible at the present time.

Cheers

Gill

**RonnieRocket0** · 03-02-2010, 07:43 PM

Originally Posted by movingon

Hi

I have withdrawn my visa application and the immigration office has refused my request for a refund. They told me the legislation does allow for a refund if the applicant simply withdraws.

Now I find this unfair. Here is why: I withdrew my application because of the new processing times. In fact I should say I decided to withdraw because of the absence of a time frame and any assurance that my visa will be processed at all, if ever. When I had lodged my application, the understanding given by the immigration office was it would be done in 6-9 months. And now when this time frame has expanded interminably, I was not willing to wait and so chose to withdraw. So why should I be penalised for something that is not my fault?

I am trying to find out if there is a way to challenge this policy or legislation. I would like to hear from anyone who is in a similar situation, or just any advice of how I can go about this.

Thanks

Hi movingon,

I am sorry to hear about your issue. The DIAC website and publications do state the instances where a refund is issued. These are few are far between. Just by changing your mind, it is not viewed by DIAC as a reasonable reason for obtaining a refund. One of the things that members are driving for is a policy from DIAC to offer refunds to those who have waited over a set time.
As you rightly mentioned, if you have to wait for the 'how long is a piece of string' then this is an unreasonable expectation as by paying for an application in effect you have paid for an expected level of service.
It might be worth contacting DIAC and requesting if you can re-activate your application. So at least at some point they will have to work for their money.
Other than that, I don't hold out much hope for you I am sorry to say
Good luck
Ronnie R

**Rob c** · 03-02-2010, 07:44 PM

what trades or professions have you applied for?, why is the wait so long now?, and what route or pathway are you taking?, i just like to know if there much of a difference time wise? , any answers from any of the above people, would be great!, it will get me a bit more informed :)

**proview** · 03-02-2010, 08:52 PM

Originally Posted by andrewepepin

Hi, we are in the same position as you where after i applied for the visas and paid for them the goal posts were then moved, i am not however looking for my money back as we still want to go, having said that i can see your point of view. I would suspect that small print somewhere would cover them should they decide to change the waiting times!

i have the same view on this point, I think the money should only be taken once your file is looked at, Our time will come for sure hang on in there..

proview

**movingon** · 04-02-2010, 01:13 AM

Thanks for your welcome Gill and this useful piece of informationl. It is indeed some comfort to know that they are considering possibilities of a refund.

However, I don't agree that they gave a "fair" warning through their Sept 09 FAQ. Applicants who had already paid for the visa application were left with no choice. They simply were expected to bear with the new rules and new timelines. It could be called "fair" if they had been so loud and clear before applicants put in their monies.

Besides in the FAQ it says, no refunds if it "takes longer to process than expected". For me it is not a case of "longer than expected." The point in fact is that now a timeline itself is nonexistent in my case. Their statement "not likely before 2012" can hardly be called a timeline, and needless to say is far far far from assuring.

**movingon** · 04-02-2010, 01:15 AM

Thanks proview, I am keeping my fingers crossed for some sense to prevail on them.

**movingon** · 04-02-2010, 01:17 AM

Originally Posted by RonnieRocket0

Hi movingon,

I am sorry to hear about your issue. The DIAC website and publications do state the instances where a refund is issued. These are few are far between. Just by changing your mind, it is not viewed by DIAC as a reasonable reason for obtaining a refund. One of the things that members are driving for is a policy from DIAC to offer refunds to those who have waited over a set time.
As you rightly mentioned, if you have to wait for the 'how long is a piece of string' then this is an unreasonable expectation as by paying for an application in effect you have paid for an expected level of service.
It might be worth contacting DIAC and requesting if you can re-activate your application. So at least at some point they will have to work for their money.
Other than that, I don't hold out much hope for you I am sorry to say
Good luck
Ronnie R

Thanks Ronnie for you support. No I am not reconsidering re-activation, atleast till the immigration in Australia sorts out their issues once and for all.