Guest guest72654 Posted October 22, 2013 Share Posted October 22, 2013 Hieveryone i am about to apply for a refund request for my 856 visa application. Nomination was rejected. I'd also lodged my 856 application at the same time (on advice on my MA). Turns out I was given incorrect advice or actually misleading advice so I want to try and get a refund of my application fee. has anyone lodged a successful refund request with DIAC? If so what kind of information did you include? Any guidance would be gratefully received!! Thanks Link to comment Share on other sites More sharing options...
Notts Posted October 22, 2013 Share Posted October 22, 2013 If you lost out due to bad advice shouldn't you be complaining to the agent and claiming against their professional indemnity insurance (all RMAs are required to have it)? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted October 22, 2013 Share Posted October 22, 2013 I think the above may be true. If it was a Mara registered Agent I think that's where you try to get the refund! Link to comment Share on other sites More sharing options...
Guest guest72654 Posted October 22, 2013 Share Posted October 22, 2013 Yes you are right and I have spoken to the migration services authority. Problem is the MA is part of a firm which rents some of our office space. I would have to complain directly to them first and if not resolved would have to go to MSA and make formal complaint. This would not lead to great working relations....although bearing in mind the awful service I received I don't talk to them anyway. I may lodge my request with DIAC and if not approved I'll complain directly to them....and just wait for the fireworks (they are awful people!) thanks Link to comment Share on other sites More sharing options...
Mark 1234 Posted October 22, 2013 Share Posted October 22, 2013 Did you pay for his/her advice? Link to comment Share on other sites More sharing options...
blossom Posted October 22, 2013 Share Posted October 22, 2013 You won't get a refund from immigration. They processed your visa! Complain to the company! Link to comment Share on other sites More sharing options...
Guest guest72654 Posted October 22, 2013 Share Posted October 22, 2013 Yes I paid for their advice although I do still owe them $2000 which i will not be paying. My application was not considered as CO called me when nomination was rejected and told me no one had started looking at my application. I withdrew it the next day. i just wanted a way not to confront my neighbours...but looks like ill have too.....eeeek Link to comment Share on other sites More sharing options...
blossom Posted October 22, 2013 Share Posted October 22, 2013 So how did they know it was going to be refused if they hadn't looked at it? Link to comment Share on other sites More sharing options...
Guest guest72654 Posted October 22, 2013 Share Posted October 22, 2013 It was the nomination that was rejected so they didn't look at my application Link to comment Share on other sites More sharing options...
Quinkla Posted October 22, 2013 Share Posted October 22, 2013 Just an observation - there's way more work involved in rejecting an application for a visa, licence, etc. than there ever is in granting one. Even if it was the nomination that was rejected, there would have been work involved in doing that. Link to comment Share on other sites More sharing options...
Guest guest72654 Posted October 23, 2013 Share Posted October 23, 2013 Ok thanks. The CO invited me to apply for a refund for my application fee - so i'm just going to put it in anyway and see what happens. 99% sure it will be refused but as they gave me the options I may as well try. Thanks Link to comment Share on other sites More sharing options...
Rupert Posted October 23, 2013 Share Posted October 23, 2013 Ok thanks. The CO invited me to apply for a refund for my application fee - so i'm just going to put it in anyway and see what happens. 99% sure it will be refused but as they gave me the options I may as well try. Thanks Oh you never know, you might get one on the basis that it was an invalid application. It was invalid as there was no approved nomination. It is not a refused visa because, say points were wrong. would you mind letting us know how you get on? Might be useful for anyone in a similar situation in the future. Link to comment Share on other sites More sharing options...
Guest guest72654 Posted October 23, 2013 Share Posted October 23, 2013 Yeh that's what the CO said - it was invalid as without an approved nomination it should not have been lodged. Shouldn't have been so eager and lodged them both at the same time. Lesson learned there! Of course - i'll let you know how I get on. Am just going to give as much information as possible (you have to give a detailed statement) and see what happens. $3200 for the application fee would go some way in now paying for the new visa! Link to comment Share on other sites More sharing options...
Rupert Posted October 23, 2013 Share Posted October 23, 2013 Yeh that's what the CO said - it was invalid as without an approved nomination it should not have been lodged. Shouldn't have been so eager and lodged them both at the same time. Lesson learned there! Of course - i'll let you know how I get on. Am just going to give as much information as possible (you have to give a detailed statement) and see what happens. $3200 for the application fee would go some way in now paying for the new visa! It is good that CO used the word "invalid", I think you will get a refund in this case. Link to comment Share on other sites More sharing options...
Raul Senise Posted October 23, 2013 Share Posted October 23, 2013 Yeh that's what the CO said - it was invalid as without an approved nomination it should not have been lodged. Shouldn't have been so eager and lodged them both at the same time. Lesson learned there! Of course - i'll let you know how I get on. Am just going to give as much information as possible (you have to give a detailed statement) and see what happens. $3200 for the application fee would go some way in now paying for the new visa! Not having a Nomination approval does not constitute an “invalid” application, as you only need the associated Nomination to have been lodged. For an application to be considered “Invalid” it would require that Schedule 1 criteria were not met. Link to comment Share on other sites More sharing options...
wrussell Posted October 24, 2013 Share Posted October 24, 2013 Yeh that's what the CO said - it was invalid as without an approved nomination it should not have been lodged. Shouldn't have been so eager and lodged them both at the same time. Lesson learned there! Of course - i'll let you know how I get on. Am just going to give as much information as possible (you have to give a detailed statement) and see what happens. $3200 for the application fee would go some way in now paying for the new visa! Wherever possible get nomination/s approved before lodging visa application/s - otherwise you stand to lose the nomination fee and the visa application charge. Link to comment Share on other sites More sharing options...
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