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mlsdq

Changes to the VAC Refund Provisions

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Guest Jamie Smith

The Minister said on Friday 13 that the legislation did not allow refunds for those affected by the recent changes. He should have said then that he could/would do so, but didn't.

 

My reading is this -

 

 

 

  1. any refund hasn't been agreed at Cabinet yet,
  2. all it needs now is for Minister to make an instrument allowing such change, and
  3. he can also make a refund if it is shown that DIAC made a mistake - hence my earlier suggestions that peoplecomplain about DIAC processing cases after the Nahuary instructions not to do so we re not acted on by DIAC.
  4. Cabinet needs a size 12 applied firmly to the posterior to get this resolved

 

EVERYONE PLEASE WRITE / EMAIL THE POLITICIANS!

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Guest proud2beaussie

If anyone (Jamie???)can draft a pro forma email about this I would be happy to send it to as many senators,media outlets etc that I can, even though I'm not affected by I feel that it is the duty of every citizen to make their feelings known when public policy decisions affect people negatively.

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you think, the ultimate reason why DIAC is not allowing refunds to us because, sooner there will be a light after what happened? It would be so stupid and dumb if DIAC wont allow refunds and make us wait for years before the visa is granted. There must be a reason why and DIAC is quite for now coz they are working on it.... imo btw.

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Guest Off to the Sun
Just incase you guys don't know yet.

 

Australian Immigration - Legislation Change Update

 

That made my eyes hurt, what a pointless piece of bureauracy. Are they trying to annoy people on purpose? I'm annoyed at that and I don't even understand it! :eek:

 

mlsdq I hope you're right.

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Well I've had enough! I have asked them to cancel our visa and I want the money back. I don't understand how they can not provide a refund, when we applied in August 2008 the waiting time was 12 months for a 175 visa and after 17 months we are no further along and no hope of being processed in the next year!!!

 

Cheers

Rob


Rob (34), Di (32), Jess (4), Ella (3)

ACS Assessment 27.03.08; ACS positive 29.05.08; IELTS 27.07.08; 175 submitted 17.08.08

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Guest Gollywobbler

Hi Rob

 

I gather that at the moment the legislation does not allow DIAC to make a refund in your situation.

 

According to David Wilden, at the meeting in London, the Minister realises that it is quite unreasonable for someone to be kept waiting indefinitely and perhaps for ever for a visa. The Minister has told DIAC that he wants the latter to investigate making refunds to people like you.

 

According to David Wilden again, this is not simply a matter of DIAC deciding to pay refunds and then getting on with doing so. Apparently the Treasury have to be consulted and I am not sure who else and then it may be necessary for the Australian Parliament to pass special legislation to permit it.

 

The truth is that at the moment the legislation provides that if the person is eligible for his visa and he tenders the money, sooner or later the existing law requires the Australian Government to hand over a visa. If the wait is unconscionably long then the applicant has a right to complain to the Commonwealth Ombudsman and so on.

 

The Minister wants to do away with this present legislation. He wants a system in which people apply to emigrate to Australia but Australia will pick and choose who goes there. Other people either will not be asked for money up front or they will have a clear pathway to claim refunds (and I suggest interest at a commercial rate) if DIAC eventually decides that it does not want the person after all.

 

Plainly such a complicated scheme as the Minister has in mind involves changing the whole of the historical basis for migration to Australia. Several public service Departments would have to be involved and the Australian Parliament would have to be involved as well. Which means that nothing would happen quickly, as David Wilden was at pains to point out.

 

A refund is a long way off methinks, Rob. In which case if it were me I would leave my application clogging up DIAC's system as well. The Aussies can't have this one both ways. Why should they have the convenience of being able to get rud of too many applications in the system whilst they also hang on to free windfalls of cash paid by people who are not even Australian Citizens? In your shoes I would leave my application running to stuff up their system some more, frankly.

 

Cheers

 

Gill

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Thanks Gill but I don't want $2000 of my money to clog up their system, I want it back ;) They have had it for nearly two years and they have done literally NOTHING to progress my application. I applied in good faith on the basis I would have a visa within 12 months, I would now be lucky to get one by 2012 if ever!

 

I appreciate the reasons they have made the changes and I actually agree they are probably doing it in the best interest of Australia however I simply can not and will not put my life on hold waiting for a decision that may never come.

 

If it comes to complaining to whoever it needs to and making enough fuss about it then I'm more than prepared too.

Cheers

Rob


Rob (34), Di (32), Jess (4), Ella (3)

ACS Assessment 27.03.08; ACS positive 29.05.08; IELTS 27.07.08; 175 submitted 17.08.08

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Guest Gollywobbler
Thanks Gill but I don't want $2000 of my money to clog up their system, I want it back ;) They have had it for nearly two years and they have done literally NOTHING to progress my application. I applied in good faith on the basis I would have a visa within 12 months, I would now be lucky to get one by 2012 if ever!

 

I appreciate the reasons they have made the changes and I actually agree they are probably doing it in the best interest of Australia however I simply can not and will not put my life on hold waiting for a decision that may never come.

 

If it comes to complaining to whoever it needs to and making enough fuss about it then I'm more than prepared too.

Cheers

Rob

 

 

Hi Rob

 

Please see this link:

 

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-priority-processing.pdf

 

It is quite appalling, I agree, but in September 2009 DIAC made it clear that they would not refund you your VAC if you have changed your mind as a result of the Minister's footling around.

 

They will allow you to withdraw your application but I suspect that they will not give you your money back.

 

Cheers

 

Gill

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Hi Gill, thanks for the link.

The point is I haven't changed my mind, if they can provide concrete service levels that they stick too fine....but they can't, they say we might be able to process your application by 2012! That is not acceptable you would not purchase a service on the off chance it might be done in 4 years time.

 

Legally I don't understand how they can say "no, your not having a refund even though we can't guarantee we will ever process your application"


Rob (34), Di (32), Jess (4), Ella (3)

ACS Assessment 27.03.08; ACS positive 29.05.08; IELTS 27.07.08; 175 submitted 17.08.08

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Guest Gollywobbler

Hi Rob

 

When you offer to buy a visa for Oz, you are offering to apply for a privilege, not a "right."

 

It seems that DIAC explain their service standards as being "general rules of thumb" but no more than that. Mi Wilden was at pains to say that as soon as DIAC receive a visa application, they start processing of it immediately and so they spend your $2,000 very quickly. They merely don't do the last bit of finalising the application when doing that conflicts with the Minster's latest wishes after he has changed his mind several times in the space of 12 months.

 

The civil service are always full of excuses to explain their Minister's latest antics, in my experience, and they do not seem able to refund an applicant's money. There is no court you can go to to sue them for the money because they will claim sovereign immunity etc.

 

It is DISGRACEFUL that the Minister has brought this about but DIAC believe that he is bullet proof on it.

 

Cheers

 

Gill

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