# Refund Visa Application Charge



## amdan (Jan 2, 2013)

Dear All,
Please let me know whether I would be able to refund second visa application charge (AUS $ 4250). I had to pay this amount because my wife couldn't score 4.5 in IELTS exam. But after the payment made she could score 4.5 in IELTS. Will I be able to refund the amount?


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## MarkNortham (Dec 19, 2012)

Probably not. Regulation 2.12H covers refunds of the 2nd VAC, and provides for refunds under these conditions:

_(a) the applicant withdraws the application in writing before the application is decided;
(b) the applicant dies before first entering Australia as the holder of the visa;
(c) the application has been finally determined within the meaning of subsection 5(9) of the Act and the visa is not granted;
(d) the visa is granted, and later cancelled, before the applicant first enters Australia as the holder of the visa;
(e) the visa is granted, and otherwise ceases, before the applicant first enters Australia as the holder of the visa;
(f) the amount was paid under a provision of Schedule 1 specified in an instrument in writing made by the Minister for this paragraph and:
(i) the applicant died before commencing a course of English language tuition to which the applicant was entitled under section 4C of the Immigration (Education) Act 1971; or
(ii) the visa was granted, and later cancelled, before the applicant commenced a course of English language tuition to which the applicant was entitled under section 4C of the Immigration (Education) Act 1971; or
(iii) the visa was granted, and ceased to have effect, before the applicant commenced a course of English language tuition to which the applicant was entitled under section 4C of the Immigration (Education) Act 1971; or
(iv) the obligation of the Commonwealth to the applicant under section 4C of the Immigration (Education) Act 1971 has ceased, by operation of paragraph 4D(1)(a) of that Act, without the applicant receiving any English language tuition in an approved English course provided under that Act._

Especially if the visa has already been granted, I would say a refund is highly unlikely - you can always try though - all they can do is say "no".


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## amdan (Jan 2, 2013)

Thank you very much.


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## qsar (Jul 23, 2013)

Dear Mark Northam,

I had applied for VE 176 and VE 175 application in 2011.

I received a letter regarding VE 176 to pay for my 2nd VAC to fulfill my spouse's English requirement and I paid. I have now received another request for VE 175 application to pay 2nd VAC fee for my spouse. 

DIAC said, that because this is a separate application, you will have to pay again. I gave them the justification that I was only once asked to submit my health and PCC certificates so why am I asked to pay 2nd VAC for the 2nd application?

I have been granted VE 176 but haven't yet arrived in Australia. Can I get a refund for 2nd VAC if I cancel my VE 176? I would then use the money to pay for VE 175 2nd VAC.

Can you please help me in this regard?

BR,
Qaisar


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## MarkNortham (Dec 19, 2012)

Hi Qaisar -

Thanks for the note. I'm a little confused - it sounds like you have been granted a 176 visa and paid the 2nd VAC for it...? Therefore you are permanent residents of Australia (once the visa activates). I'm unsure of why you would want to be approved for a 175 unless you are wanting to avoid the state sponsorship requirements of the 176? This falls into a grey area of the visa pricing scheme - when a person essentially has 2 competing applications running. It would take some legal research to see if there is any policy in place to prevent the same person from paying a 2nd VAC twice - I think an effective argument could be made that the same person isn't going to get twice the English courses, etc that the 2nd VAC is designed to address.

Re: Cancellation, I don't have enough information on your case to give you any specific advice, but I doubt cancellation would give you any claim to a refund, and the cancellation might create other problems.

If you can, please let me know more about your reasons for wanting the 175 when you already have the 176 and we can discuss further.

Best,

Mark Northam


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## qsar (Jul 23, 2013)

Yes 176 has 2 years working and living restrictions and 175 offers more flexibility in that regard. I have been offered state sponsorship by ACT and after some research I have found that it is quite difficult to secure an IT job in Canberra, without security clearance, which requires Australian citizenship. 

I wonder what problems could possible arise from 176 visa cancellation as clearly I will do it for a refund of 2nd VAC only.


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## qsar (Jul 23, 2013)

And the VE176 visa hasn't yet activated because I haven't landed in Australia. My initial date of entry is in March 2014.


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## MarkNortham (Dec 19, 2012)

Voluntary cancellation of a PR visa is quite rare, and if the 175 had any problems, then you'd really have a mess. Risky.

Regulation 2.12(H)(d) listed above in this topic thread allows for a refund of the 2nd VAC in a situation where the visa is cancelled prior to the applicant first entering Australia on the visa. You might want to discuss that with DIAC and see what they have to say. 

Best,

Mark Northam


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## qsar (Jul 23, 2013)

This was the reply from DIAC today :

"Please note that the only outstanding requirement for the grant of the VE175 is evidence of the English language ability [(my spouse's name)]. You must provide either prescribed evidence of her English proficiency (such as an IELTS test) or pay he second visa application charge of A$3575."

Do you still think there is any risk involved?


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## MarkNortham (Dec 19, 2012)

Hi Qsar -

Impossible to tell as I don't have nearly enough info about your case. One option could be to pay the 2nd VAC for the 175, get the 175 granted, then go after a refund based on the regulation I pointed out above as the 176 would automatically be ceased the moment the 175 is granted, thus activating another refund provision 2.12H(2)(e) which exactly addresses this situation. 

Best,

Mark Northam


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## qsar (Jul 23, 2013)

Hi Mark Northam,

Thank you for the information. It was really helpful. I think I owe you one now.

If all this goes well, I will try my best to come to visit you in Sydney and thank you personally.

BR,
Qaisar


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## MarkNortham (Dec 19, 2012)

Hi Qaisar -

Glad I could help! The Australian visa process is not simple, easy, or cheap - congrats to you for your determination and hard work in getting not just 1 but 2 PR visas!

Best,

Mark Northam


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## tejas24478 (Nov 7, 2013)

*Need Refund of Application Fee*

I got an invite and lodged an application for 189 visa and now I have CO also assigned. No decision made yet.. I am within the 28 days timeframe during which I have to provide all remaining documents.
At this stage, if I want to withdraw my application, will it be possible to get refund of visa fee.. Has anybody got fee refund so far ?


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## CollegeGirl (Nov 10, 2012)

They very rarely refund fees. Generally only if the application is ruled to be invalid by them right away - in other words, if you already have a Permanent Residency visa and you applied for a tourist visa, for example. They almost never give refunds.


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## MarkNortham (Dec 19, 2012)

tejas24478 said:


> I got an invite and lodged an application for 189 visa and now I have CO also assigned. No decision made yet.. I am within the 28 days timeframe during which I have to provide all remaining documents. At this stage, if I want to withdraw my application, will it be possible to get refund of visa fee.. Has anybody got fee refund so far ?


Sorry to say they do not provide refunds except in the case of an invalid application which is usually caused by incorrect fee payment, wrong forms, etc

Best,

Mark Northam


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## lavanyaneeraj (Nov 2, 2014)

Hi Mark,

Recently, I received invitation to apply for Aus PR 189 visa which I am planning to apply soon. I have one clarification with respect to visa grant criteria.

In 2008, I have undergone angioplasty/stenting of right MCA and since than I am on some medicine as precautionary measure. Other than that I did not have any other significant medical condition. 

Can my visa application be rejected based on my above past medical history?

Please suggest.

Thanks in advance.

Regards,
Lavanya.


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## MarkNortham (Dec 19, 2012)

Hi Lavanyaneeraj -

Short answer: possibly, depending on the anticipated costs of your medicine and related medical services - the standard they measure by is the "hypothetical person" with your particular condition or need, so your actual costs may be different than what is used for the assessment.

Unfortunately for the 189 and 190 visas there is no health waiver provision available, so if you fail the health criteria the visa will be refused. However no way to tell for sure whether you'll fail the health criteria or not without going through the assessment procedure.

Hope this helps -

Best,

Mark Northam



lavanyaneeraj said:


> Hi Mark,
> 
> Recently, I received invitation to apply for Aus PR 189 visa which I am planning to apply soon. I have one clarification with respect to visa grant criteria.
> 
> ...


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## tusharkoradia (Aug 15, 2014)

Dear Mark,

I need your help on the following situation.

Background: I received 489 visa on 19/08/2015, for this visa I have paid 2nd VAC for my wife. Now on 07/09/2015 I have received the invitation for 198 visa and I am planning to apply for this visa. Till date I have not landed to the Australia.

Q1: Can I get the concession on 2nd VAC for 189 visa, (as I have already paid for 489 visa) ?
Q2: If it is required to pay 2nd VAC for 189 visa, than can I get the refund of 2nd VAC paid for 489 visa ?


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## heinakarina (Sep 14, 2015)

*Withdraw and Refund My Visitor Visa (600)*

Hi,

I am Heina Karina from Malaysia. I have submitted a Visa Application for Visitor Visa (600) and completed the payment of AUD135

I have inquiry is it possible for me to withdraw and refund since I have been told I should just apply for ETA which only cost AUD20.

I have made payment for the ETA as well on the same day.

thank you


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