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今天下午收到一封邮件：
Dear Sir/Madam
Please find attached documents regarding the refund request in relation to the above application.
然后我打开附件pdf，瓦擦，果然是移民局的纸张阿，还是关于之前撤销的申请的事情。
Dear XXXXX
Refusal of Refund
A request has been received for a refund of the Visa Application Charge in relation to application
BCC2008/XXXXX Skilled - (VE 175) Independent.
This refund has been requested based on the claim that the application was unnecessary. In
particular it is claimed this application was unnecessary because the applicant subsequently
obtained an Employer Nomination then applied for and was ultimately granted an alternate visa.
Refund claims can only be processed after the claim has been examined and if there is a refund
entitlement under administrative or legislative authority. Your application was initially assessed
against sections 2.12F(1) and 2.12F(2) of the Migration Regulations 1994, which require mandatory
refunds when an application was unnecessary, or was made because of a mistake made by DIAC, or
the applicant died before a decision was made.
Regulation 2.12F(2)(a) states that the first instalment of the VAC must be refunded if the
application was unnecessary at the time it was made.
Regulation 2.12F(2)(a) only covers situations where an application for a visa was not needed
because the applicant did not need to apply for that visa in order to travel to and/or remain in
Australia. It is not intended that a visa application be considered ‘unnecessary at the time it was
made’ if it was necessary for the person to have (that is, apply for) a visa.
It is irrelevant whether the visa they applied for was the most appropriate to their circumstances.
Regulation 2.12F(2)(b) states that the first instalment of the visa application charge must be
refunded if the application is made because of a mistake by the department
Regulation 2.12F(2)(b) does not cover circumstances where the mistake was made by anyone other
than a departmental officer, including:
•
•
•
mistakes made by registered or unregistered migration agents
mistakes made by employees of other departments or
mistakes made by the applicant, their sponsor or their agent.
The 2.12F delegate has considered this case and determined that the circumstances do not meet the
necessary requirements for mandatory refund.
This request was also assessed as a discretionary refund under 2.12F(3) of the Migration
Regulations which allow for refunds where an application is made because of a mistake made by
the applicant.
Regulation 2.12F(3) is not intended to cover situations where an applicant (or a decision maker)
subsequently decides that the application was a ‘mistake’ because, for example the applicant:
•
•
•
changes their mind about pursuing the application or
does not satisfy a criterion for visa grant or
claims it was a mistake to have applied because their visa application was unsuccessful
(that is, the applicant states that they would never have applied had they known their
application would not be successful) or
• considers, in retrospect, that they applied for the wrong class of visa
In such situations the applicant is not entitled to a refund of the first instalment.
As the decision to refund is based on information correct at the point of application and the
application was valid, the withdrawal of this application does not constitute grounds for a
discretionary refund.
The 2.12F delegate has considered this case and determined that the circumstances do not meet the
necessary requirements for discretionary refund.
Yours sincerely
Bernhard Kneis
On behalf of
David Stewart
Program Director – General Skilled Migration
Adelaide GSM
DIAC
28 May 2011
看了半天jjww的，我知道我不可能拿到refund阿，难道是我的中介去要求退款的 ？
又话说，我新的申请都要提交了快3个月了，移民局还在纠结我已经撤销的一个申请，...... 搞的我心里很不安阿。 |
发表于 31-5-2011 18:57:25
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发表于 31-5-2011 19:06:00
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