TSS nomination refusal – can I obtain a refund (together with for the related visa software)?

The Momentary Talent Scarcity (Subclass 482) (TSS) visa entails each a nomination and a visa software. Each purposes are regulated by the Migration Act 1958 (Cth) (the Act) and the Migration Rules 1994 (Cth) (the Rules) and their related prices embrace:

• nomination: a nomination payment and a Skilling Australians Fund (SAF) Levy;
• visa: a Visa Software Cost (VAC).

When a nomination software is refused, the nomination payment and SAF Levy can’t be refunded.

Can the VAC be refunded?

Beneath 2.12F(1) of the Rules, the Minister of House Affairs (Minister) should refund the primary instalment of the VAC the place:

1. a ‘circumstance’ exists; and
2. the Minister receives a written request for a refund (or the Minister considers it cheap to refund with out receiving the written request).

What are the ‘circumstances’ the place the Minister should refund VAC?

The ‘circumstances’ that exist are outlined within the Rules as:

1. an software is pointless on the time that it’s made;
2. an software is made due to a mistake made by immigration;
3. an applicant dies earlier than a call is made on the appliance;
4. an software is made in Australia for a Vacationer (Class TR) visa by an applicant who satisfies sure necessities;
5. an software is made in Australia, on or after 23 March 2013, for a Customer (Subclass 600) visa or Medical Therapy (Customer) (Class UB) visa, by an applicant who satisfies sure necessities;
6. an applicant’s software for a Coaching (Subclass 407), Momentary Work (Subclass 457), Superyacht Crew (Subclass 488), Particular Program (Subclass 416), Momentary Work (Subclass 401), Coaching and Analysis (Subclass 402), Momentary Work (Subclass 420), or a Momentary Talent Scarcity (Subclass 482) visa has been withdrawn as a result of there was not an authorised nomination that recognized the applicant;
7. a Coaching (Subclass 407), Momentary Work (Subclass 457), Superyacht Crew (Subclass 488), Particular Program (Subclass 416), Momentary Work (Subclass 401), Coaching and Analysis (Subclass 402), Momentary Work (Subclass 420), or a Momentary Talent Scarcity (Subclass 482) visa, was with withdrawn as a result of the applicant both was not required to be recognized in an authorised nomination and didn’t have an authorised work sponsor;
8. an software for a Momentary Exercise (Subclass 408) visa that met sure necessities was withdrawn as a result of the applicant didn’t have an authorised work sponsor; or
9. some other circumstance listed within the legislative instrument.

Briefly, a circumstance the place a VAC have to be refunded consists of the place a TSS nomination software was refused, the related visa software has been withdrawn, and a written refund request has been made to the Minister.

How do I make the refund software?

If the visa software is already lodged and processing, the Division of House Affairs (Division) will ship an ‘invitation to remark’ which outlines that:

• your visa software can’t be authorised;
• you can not hyperlink your visa software to a brand new nomination software.

You should have 28 days to offer the Division with a response and/or withdraw your visa software. You gained’t be capable of request a visa refund till you will have withdrawn your visa software.

As soon as withdrawn, you’ll be eligible to request a refund for the VAC fee – this consists of for the first visa applicant and any further visa candidates included within the software.

After the visa software has been withdrawn, the Division could refund the visa charges the place:

1. they obtain a written request for a refund from the one who paid the visa charges; or
2. they contemplate it cheap within the circumstances to refund the quantity.

It’s not clear when the Minister would contemplate a refund cheap with no request.

In case your visa software or fee was made via ImmiAccount, you possibly can request your visa refund on ImmiAccount by:

1. Logging into your ImmiAccount;
2. From the ‘My Funds’ drop-down tab, choose ‘Handle Funds’;
3. Earlier funds and their standing will likely be displayed;
4. If the fee standing in ImmiAccount is ‘Credit score’ or ‘Paid’ a refund may be requested.
5. To request a refund:

1. 1. From the actions menu, choose the ‘Request Refund’ possibility.
   2. A brand new display screen will show that means that you can start your refund request.

In case your fee was not made on ImmiAccount, you possibly can request your refund by:

1. Finishing Kind 1424 – Refund request
2. Sending the finished type to the workplace processing your software. In case you don’t know the placement of the workplace processing your software, ship the finished type to your nearest workplace.

As a part of your refund software, you have to embrace supporting documentation which may embrace:

• financial institution assertion (displaying the transaction);
• tax bill/receipt of the visa software;
• acknowledgement of withdrawal of visa software.

How lengthy till I obtain my refund?

The Division can take a while to course of refund requests as there is no such thing as a commonplace timeframe to course of the request and every refund is individually assessed.

Extra data?

At Hannan Tew Attorneys, we’ve got assisted numerous people in search of help with their 485 and 482 visa purposes. In case you want authorized help or have an immigration associated question, get in contact with our skilled workforce. Contact us by electronic mail at [email protected] or by telephone at +61 3 9016 0484.

This doc doesn’t represent authorized recommendation or create an attorney-client relationship. Please seek the advice of an immigration skilled for updated data.