Pre september applicants-let us count how many of us?

[Guest danger402]

Spouse Visa application.

medical done on 15th July.

application sent 28th July.

hopefully hear they all arrived next week..now just the waiting game i guess....god i hope it doesnt take 4months to come through....

[electrical guy]

Three years waiting ! Now we are ceased and capped and GUESS WHAT refunds take around 12 WEEKS That is absolutely disguisting! Especially seeing an Aussie can get a passport in 10 days! I cannot see why it takes 3 months to process a refund

 

 

simple,if julie is reelected then she will made new accuses to hold this hard earned money and in case of abott they will have no account of what disaster previously govt did and may be even one step ahead

[Guest Gollywobbler]

Three years waiting ! Now we are ceased and capped and GUESS WHAT refunds take around 12 WEEKS That is absolutely disguisting! Especially seeing an Aussie can get a passport in 10 days! I cannot see why it takes 3 months to process a refund

 

Hi Cpzajay

 

Welcome to Poms in Oz.

 

I agree with you completely. I am truly astounded that the "caring, sharing Minister" who wants all visa applicants to have"certainty" quickly did not also ORDER his Department that the interest-free loans that the Australian Government has been enjoying for the last 3 years absolutely must be repaid to the visa applicants (minus any interest, admittedly) within 5 working days of receipt of the refunds form.

 

If organising the repayments within 5 working days would mean that senior and junior officials would just have to work long hours of overtime, so be it. The officials all get paid, via overtime payments or time off in lieu. They won't die as a result of being made to do some work for a change. It would also be a political demonstration of the idea that the 'caring, sharing Minister' actually does care.

 

Evidently the Australian Government plans to hang on to the interest-free loans for as long as it possibly can.

 

It is a Public Relations blunder of massive proportions. At best, it shows how inefficient the Australian Government and its public service both are. At worst, it is a demonstration of their utter contempt for anybody who has been kind enough to volunteer to go and put up with them and their country.

 

Cheers

 

Gill

[Guest nitsy]

Three years waiting ! Now we are ceased and capped and GUESS WHAT refunds take around 12 WEEKS That is absolutely disguisting! Especially seeing an Aussie can get a passport in 10 days! I cannot see why it takes 3 months to process a refund

 

Probably they must have now realised that they dont have enough funds in their kitty and now must be waiting for some poor applicants funds so that these can then be used to pay off the refunds!!

 

regards,

nitsy

[Guest Gollywobbler]

Probably they must have now realised that they dont have enough funds in their kitty and now must be waiting for some poor applicants funds so that these can then be used to pay off the refunds!!

 

regards,

nitsy

 

Hi nitsy

 

Everyone who is in Oz should be telling every other Aussie tax-payer that they meet that the tax-payer will have to stump up the additional $14 million for the refunds. Their profligate Government has spent all the money so the tax-payers will have to make good the Government's shortfall.

 

The tax-payers will be mystified. They will ask why they should pay for the refunds instead of their Government granting you the visa that you have paid for? Julia Gillard can brag about the Minister's Cap & Cull antics but both she and the Minister have omitted to remind the tax-payer that the eventual bill will land on his mat, not theirs.

 

The money has been spent on things like running Christmas Island if the truth is known about this.

 

Cheers

 

Gill

[Guest VIJ]

Hi nitsy

 

Everyone who is in Oz should be telling every other Aussie tax-payer that they meet that the tax-payer will have to stump up the additional $14 million for the refunds. Their profligate Government has spent all the money so the tax-payers will have to make good the Government's shortfall.

 

The tax-payers will be mystified. They will ask why they should pay for the refunds instead of their Government granting you the visa that you have paid for? Julia Gillard can brag about the Minister's Cap & Cull antics but both she and the Minister have omitted to remind the tax-payer that the eventual bill will land on his mat, not theirs.

 

The money has been spent on things like running Christmas Island if the truth is known about this.

 

Cheers

 

Gill

Hi Gill, I wanna add something more in this seems like same story "matter of fee refund". Last day i got a call from my friends relative from India, They were asking help regarding paid fee refund money whose Student visa got refused around 8 month before. The student had applied for refund of his paid fee from concerned institute but nothing avail in last 6 month period then went to ESOS department who is responsible for tuition fee refund of International students. Can you guess what the ESOS said to student??????????? See here under

 

 

Dear XXX

 

 

 

Unfortunately for now you just have to keep following the matter up DIRECTLY with the provider and every time you do reiterate to them that you have contacted the Department (DEEWR) about this matter and are keeping us informed of the little progress you are making with them. You can also remind them of their obligations as I have mentioned in my e mail below.

 

 

Please be advised that the Department’s role is to make sure that your education provider meets the conditions of the Education Services for Overseas Students Act 2000 (the ESOS Act) and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (the National Code).

 

I trust this information is of assistance to you.

 

Regards

 

 

TXXX

ESOS Mailbox

The student asked to me that If the Institute would have been listen to him or given any positive response to refund his fee then what was the point to seek help from ESOS?

 

Also, I have a question to all these releted and integrated department like ESOS and DIAC etc. etc that if they are currently unable to handle these kind of own created mess like fee refund or VAC refund then why they did promise "Fair go", "People our Business"......

 

Thanks

 

VIJ

[Guest Gollywobbler]

Hi Gill, I wanna add something more in this seems like same story "matter of fee refund". Last day i got a call from my friends relative from India, They were asking help regarding paid fee refund money whose Student visa got refused around 8 month before. The student had applied for refund of his paid fee from concerned institute but nothing avail in last 6 month period then went to ESOS department who is responsible for tuition fee refund of International students. Can you guess what the ESOS said to student??????????? See here under

 

 

Dear XXX

 

 

 

Unfortunately for now you just have to keep following the matter up DIRECTLY with the provider and every time you do reiterate to them that you have contacted the Department (DEEWR) about this matter and are keeping us informed of the little progress you are making with them. You can also remind them of their obligations as I have mentioned in my e mail below.

 

 

Please be advised that the Department’s role is to make sure that your education provider meets the conditions of the Education Services for Overseas Students Act 2000 (the ESOS Act) and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (the National Code).

 

I trust this information is of assistance to you.

 

Regards

 

 

TXXX

ESOS Mailbox

The student asked to me that If the Institute would have been listen to him or given any positive response to refund his fee then what was the point to seek help from ESOS?

 

Also, I have a question to all these releted and integrated department like ESOS and DIAC etc. etc that if they are currently unable to handle these kind of own created mess like fee refund or VAC refund then why they did promise "Fair go", "People our Business"......

 

Thanks

 

VIJ

 

Hi VIJ

 

Thanks for the above.

 

I don't know what happens with applications for Student Visas. I assume that DIAC do not refund their own visa application fee in the event that the visa application is refused.

 

However I have read that the prospective Student also has to pay a minimum of one semester's fees to the College before he can make a valid visa application. I've always wondered whether the College has a legal obligation to refund that money if the Student visa is not granted. Also, there is no point in a sanction if it has no teeth. What are the Aussie Government's powers and obligations if the College tries to stick to the prospective Student's money in this situation? Can they revoke the College's CRICOS approval if the College fails to refund the money to the Student within a reasonable time? If they have the power to do so, does the Aussie Government ever actually make an example of a recalcitrant College by cancelling their CRICOS registration?

 

I don't know the relevant Law so I don't know what is supposed to happen in this situation.

 

Cheers

 

Gill

[Purple Princess]

Hi VIJ

 

Thanks for the above.

 

I don't know what happens with applications for Student Visas. I assume that DIAC do not refund their own visa application fee in the event that the visa application is refused.

 

However I have read that the prospective Student also has to pay a minimum of one semester's fees to the College before he can make a valid visa application. I've always wondered whether the College has a legal obligation to refund that money if the Student visa is not granted. Also, there is no point in a sanction if it has no teeth. What are the Aussie Government's powers and obligations if the College tries to stick to the prospective Student's money in this situation? Can they revoke the College's CRICOS approval if the College fails to refund the money to the Student within a reasonable time? If they have the power to do so, does the Aussie Government ever actually make an example of a recalcitrant College by cancelling their CRICOS registration?

 

I don't know the relevant Law so I don't know what is supposed to happen in this situation.

 

Cheers

 

Gill

 

Hi, I don't know if this helps....the Uni I'm at will offer a refund if the visa is unsuccessful, I don't think that I would have got a refund of the VAC fee though, I was paying for a service to DIAC to process a visa application, whether declined or not.....

 

GRIFFITH UNIVERSITY

REFUND POLICY FOR INTERNATIONAL STUDENTS

1. BEFORE YOU BEGIN YOUR STUDIES

The University will make a full refund of tuition fees if:

1.1 You provide documentary evidence that your application for a visa has been unsuccessful

 

I did have to pay a full semester up front and overseas health cover (complete waste of money as I have medicare!!!)

 

I also had to pay 12 months up front school costs for Hannah (8), and I can remember somewhere that Qld government would also refund this if the visa was unsuccessful (subject to a $400 'admin' fee)

 

 

Steph

xxxx

[Guest VIJ]

Hi VIJ

 

Thanks for the above.

 

I don't know what happens with applications for Student Visas. I assume that DIAC do not refund their own visa application fee in the event that the visa application is refused.

 

However I have read that the prospective Student also has to pay a minimum of one semester's fees to the College before he can make a valid visa application. I've always wondered whether the College has a legal obligation to refund that money if the Student visa is not granted. Also, there is no point in a sanction if it has no teeth. What are the Aussie Government's powers and obligations if the College tries to stick to the prospective Student's money in this situation? Can they revoke the College's CRICOS approval if the College fails to refund the money to the Student within a reasonable time? If they have the power to do so, does the Aussie Government ever actually make an example of a recalcitrant College by cancelling their CRICOS registration?

 

I don't know the relevant Law so I don't know what is supposed to happen in this situation.

 

Cheers

 

Gill

Hi Gill, thanks for reply, I am completely agree with you that ‘DIAC’ would not refund of VAC fee in case of any visa refusal, either to student or any kind of GSM visa applicant.

 

However, Oz government has been abided by law “The ESOS Assurance Fund which established under section 46 of the ESOS Act 2000 (the Act) to protect the interests of current and intending overseas students of registered providers. It will do this by ensuring that students are provided with suitable alternative courses, or have their course monies refunded, if the provider cannot provide the course(s) that the student has paid for” through other related department “DEEWR”(As you know all International student has to pay tuition fee in advance prior to Student Visa application),

 

Now, it’s Oz government responsibility to ascertain that “Education institutes” must obey the legal obligation in accordance of “ESOS Act 2000”. As I have mentioned in my earlier post about that student case, it’s evidently seen that there is no honor has given to Oz Law by Institute and other hand ‘DEEWAR’ acting just like a “toothless tiger”, I mean no real direction was given to concerned institute instead of just keep reminding “them of their legal obligations”.

 

Other hand, Still the institute “College of Australian Training, Cairns” keep running without any burden and no action has been taken by “DEEWR’ like cancellation of their ‘CRICOS’ registration etc., So I would say just, what a shame on Oz law authority; they are making new act & law every day but never tried to put in real “enforced act” what they call it “ESOS Act”.

 

Thanks to all forum members to listen about this pity story of an “International student” and sorry for putting an off topic here, especially to thread owner “Virtual Bajwa”.

 

Thanks

 

VIJ

 

Here is link of ESOS website: ESOS Assurance Fund, ESOS legislation

 

A letter of evidence, which was sent by ‘DEEWR’ to another student who was in same situation like mentioned one, stated clearly that every single International student has right to get refund of paid tuition fee in case of visa refused by DIAC.

 

 

Dear XXXXX,

 

The combined effect of Sections 27-29 of the ESOS Act is to require providers to make a full refund of pre-paid course fees directly to the student (not to a third party).

 

Calculations of refunds in cases of visa refusal must be made in accordance with the ESOS Regulations 2001, sub-regulations 3..19 (2) and (3). The time period for refunds of this kind is 4 weeks from the day on which the student advises the provider that the visa application has been refused. If the student is late in lodging the application for a refund, is doesn't affect the liability to make a full refund.

 

Here is a link to the Regulations:ComLaw Legislative Instrument Compilations - Education Services for Overseas Students Regulations 2001 (SR 2001 No. 96)

 

I am also including a direct extract from Division 2 of the ESOS Act for your further information:

 

Division 2—Refunds of course money

27 When this Division applies

Provider default

(1) This Division applies to an overseas student or an intending overseas student in relation to a course if:

(a) the course does not start on the agreed starting day; or

(b) the course ceases to be provided at any time after it starts but before it is completed; or

© the course is not provided in full to the student because a sanction has been imposed on the registered provider under Part 6;

and the student has not withdrawn before the default day.

(1A) If a registered provider for a course has changed to become an entity of a different kind, the Minister may notify the provider in writing that the course is not taken, for the purposes of paragraph (1)(b), to have ceased to be provided merely because of the change. The notice has effect accordingly.

(1B) In deciding whether to give the notice, the Minister must have regard to:

(a) the effect of the change on the delivery of courses and outcomes for students; and

(b) any advice of the designated authority for a State that approved the provider as an approved provider for that State.

Student default

(2) This Division also applies to an overseas student or an intending overseas student in relation to a course if:

(a) the course starts on the agreed starting day, but the student does not start the course on that day (and has not previously withdrawn); or

(b) the student withdraws from the course (either before or after the agreed starting day); or

© the registered provider of the course refuses to provide, or continue providing, the course to the student because of one or more of the following events:

(i) the student failed to pay an amount he or she was liable to pay the provider, directly or indirectly, in order to undertake the course;

(ii) the student breached a condition of his or her student visa;

(iii) misbehaviour by the student.

(3) In this Division:

agreed starting day means the day on which the course was scheduled to start, or a later day agreed between the registered provider for the course and the student.

default day means:

(a) the agreed starting day, if paragraph (1)(a) or (2)(a) applies; or

(b) the day on which the course ceased to be provided, if paragraph (1)(b) or © applies; or

© the day on which the student withdraws from the course, if paragraph (2)(b) applies; or

(d) the day on which the registered provider of the course refuses to provide, or continue providing, the course to the student, if paragraph (2)© applies.

28 Refund under a written agreement about student default

(1) A registered provider must enter into a written agreement with each overseas student or intending overseas student that:

(a) sets out the refund requirements that apply in a situation covered by subsection 27(2); and

(b) meets the requirements (if any) set out in the national code.

(2) In a situation covered by subsection 27(2), the provider must pay the amount (if any) required by the agreement to the following person:

(a) if a person (other than the student) is specified in the agreement to receive any refund under this section—the specified person;

(b) otherwise—the student.

(3) The provider must pay that amount within 4 weeks after receiving a written claim from the student.

Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

(4) Subsections (2) and (3), and the agreement mentioned in subsection (1), do not apply in relation to the student if:

(a) the student was refused a student visa; and

(b) the refusal was a reason for one or more of the following acts or omissions by the student that directly or indirectly caused the situation covered by subsection 27(2):

(i) the student’s failure to start the course on the agreed starting day;

(ii) the student’s withdrawal from the course;

(iii) the student’s failure to pay an amount he or she was liable to pay the provider, directly or indirectly, in order to undertake the course.

29 Refund in other cases

(1A) This section applies:

(a) in a situation covered by subsection 27(1); or

(b) in a situation covered by subsection 27(2) if:

(i) an agreement has not been entered into with the student that meets the requirements of subsection 28(1); or

(ii) paragraphs 28(4)(a) and (b) apply in relation to the student.

(1) The registered provider (or former registered provider) for the course must pay the student:

(a) the total of the course money the provider received in respect of the student before the default day; less

(b) the total of the prescribed amounts relating to expenses the provider incurred for the student for the course before the default day.

(A negative result is treated as nil).

(2) For the purposes of paragraph (1)(b), the regulations may prescribe different amounts (including nil amounts) for students in different circumstances.

(3) In a subsection 27(1) case, the provider must pay the amount within 2 weeks after the default day.

(4) In a subsection 27(2) case, the provider must pay the amount within 4 weeks after the default day.

Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

30 Recovering the amount

(1) The following person is entitled to recover the amount owing under this Division as a debt by action in a court of competent jurisdiction:

(a) if the situation is covered by subsection 27(2) and a person (other than the student) is specified in an agreement under section 28—the specified person;

(b) otherwise—the student.

(2) This Division does not affect any liability that a provider has apart from this Division to pay an additional amount to the student.

 

 

DEEWR requests that Institute XXXX review this case in the light of the legislative requirements above, namely, to make a full refund of course fees where a student's visa application has been refused by /DIAC.

 

I would be grateful of you would respond promptly so that DEEWR can resolve this case.

 

Yours sincerely

 

Case Manager

ESOS Compliance Unit

International Quality Branch

Department of Education, Employment and Workplace Relations (DEEWR)

[dasalcedo]

Hey guys I sent the forms scanned and emailed to them to get my money back. It was sent on Thursday last week but they can't reply me back to confirm or acknowledge my email.... that sucks mates.

 

Cheers

[Guest Gollywobbler]

Hey guys I sent the forms scanned and emailed to them to get my money back. It was sent on Thursday last week but they can't reply me back to confirm or acknowledge my email.... that sucks mates.

 

Cheers

 

Hi Dasalcedo

 

I completely agree. It just shows the way that the present Government has encouraged DIAC to treat visa applicants as if the applicants were just numbers, not real people whose lives and plans have been messed up completely by the money-grabbing but otherwise thoroughly two-faced and dishonest Australian Government. They don't even have the good grace to show some ordinary, common good manners towards the people whom they deem are nothing more than just numbers.

 

Their arrogance is as unbelievable as it is also a deplorable disgrace. They haven't bothered to acknowledge the form because the Aussie Government has persuaded DIAC that they can save money for the Government by not bothering to reply to a mere number. It is an outrageous way to behave and the rest of the world is watching the conduct of the ill-kempt, ill-mannered ruffians who are running the Australian Government. Talk about putting a bunch of rats in charge of running a cheese shop.

 

Cheers

 

Gill

[Guest celalit]

Dear Friends,

 

Had all the pre-september 2007 applicants got their LETTER of refund ? As i still didn't get any news from my agent/DIAC. So, am I the only left or there are others too like me?

Please advice...

[virtual_bajwa]

Dear Friends,

 

Had all the pre-september 2007 applicants got their LETTER of refund ? As i still didn't get any news from my agent/DIAC. So, am I the only left or there are others too like me?

Please advice...

 

Good to see some life in this thread.

 

Well, brother there are so many Pre September applicants who did not get the letter of refund. Although they are not on this forum but I know them very well. And they are in no mood to contact DIAC for refund.

 

And one more thing not a single pre September applicants who had send their refund letters have got the refund. So do'nt worry... Be Happy...

[virtual_bajwa]

Wait for elections guys...everything might change again.....lucky ones who got their visas and will get their visas this week....god knows what will happen from next week onwards.

[Guest celalit]

Thank you very much virtual_bajwa..

Your reply has put a life in my body again.

 

Thanks again,

Lalit.

[Guest celalit]

Hi guys,

 

I have still not received any communication from DIAC (my agent actually) for refund of money. Agent says, there are few who still not got the call for refund. Is that true ? Is there anybody like me who has not received any email for Refund ?

 

Also, it was mentioned in DIAC site, that if we don't receive any communication uptill 31st August then we should communicate to DIAC. Has anybody tried that ?

 

Also, should I awake the hope to get visa from 2007 application ? after having new government and new Immigration minister.

 

Thanks,

Lalit.

[mark roberts]

Date of application: 13/10/2008

 

Nationality: British

 

Trade/profession: Automotive electrician

 

Visa type: 175/176

 

CSL, MODL or SOL: MODL/SOL

 

Medicals submitted:not yet

 

Police check submitted: not yet

 

Date CO assigned: not yet

 

Date visa granted:

[virtual_bajwa]

Date of application: 13/10/2008

 

Nationality: British

 

Trade/profession: Automotive electrician

 

Visa type: 175/176

 

CSL, MODL or SOL: MODL/SOL

 

Medicals submitted:not yet

 

Police check submitted: not yet

 

Date CO assigned: not yet

 

Date visa granted:

 

I am sorry, Mark this is not a right place for you matey. This thread is for Pre September 2007 Applicants , has been mentioned clearly on the start of this thread matey.

[Guest Gollywobbler]

Date of application: 13/10/2008

 

Nationality: British

 

Trade/profession: Automotive electrician

 

Visa type: 175/176

 

CSL, MODL or SOL: MODL/SOL

 

Medicals submitted:not yet

 

Police check submitted: not yet

 

Date CO assigned: not yet

 

Date visa granted:

 

Hi Mark

 

Virtual Bajwa is right. Your information should be in the Cat 3 thread, the link to which is below:

 

http://www.pomsinoz.com/forum/migration-issues/91482-new-category-3s-where-you-now-80.html

 

Cheers

 

Gill

[mark roberts]

I am sorry, Mark this is not a right place for you matey. This thread is for Pre September 2007 Applicants , has been mentioned clearly on the start of this thread matey.

 

Apologies, not quite with it today.

[Guest celalit]

Hi guys,

 

I have still not received any communication from DIAC (my agent actually) for refund of money. Agent says, there are few who still not got the call for refund. Is that true ? Is there anybody like me who has not received any email for Refund ?

 

Also, it was mentioned in DIAC site, that if we don't receive any communication uptill 31st August then we should communicate to DIAC. Has anybody tried that ?

 

Also, should I awake the hope to get visa from 2007 application ? after having new government and new Immigration minister.

 

Thanks,

Lalit.

 

 

 

So, Am I the only left or what?

 

Thanks,

Lalit

[electrical guy]

So, Am I the only left or what?

 

Thanks,

Lalit

 

may be yes u are only one who is not confirmed yet or your agent is not informing u right one this time:no:

[Guest apples]

Hi all

Even i didnt receive any refund as yet ,DIAC has not contacted me in any way,i asked my agent about this last week ,even he didnt give me a answer about that,iam really worried now,I read today that cap & kill is not going to be implemented ,is that true ? is there a chance of getting visa? anyone plz help me,what should i do now.

[Guest celalit]

thanks god. there is someone like me tooo. what are your application details apples ?

I had applied on 27th or 30th august 2007 as 2231-17 - application programmer.

[Guest apples]

iam also 2231-17 - application programmer,who had a co assigned ,also job verification was also done.I wonder why only we have not got any information yet,I sent the filled form to diac as well as my agent also did it ,I dont know why its always happening to me,Is there anyone more ,plz reply