burmtra Posted August 8, 2013 Share Posted August 8, 2013 Hi, Ive just been reading this link http://www.immi.gov.au/skilled/general-skilled-migration/withdrawing-visa-application.htm regarding fee reimbursment. It relates to a 186 application due to either be withdrawn or allow to be refused by the case officer as he has clearly told me these are the only options. There is a statement on the page "The migration delegate has absolute discretion to make a discretionary refund", does that mean 'migration agent' as in the case officer who is making the decision regarding my application. Thanks Link to comment Share on other sites More sharing options...
Guest Posted August 8, 2013 Share Posted August 8, 2013 I would think so but I can't be 100% certain. Link to comment Share on other sites More sharing options...
Niamh Y Posted August 8, 2013 Share Posted August 8, 2013 No its not your case officer, they refer it to the delegate in the department who decides on refunds. It'll be outside of your case officer's control. Link to comment Share on other sites More sharing options...
blossom Posted August 8, 2013 Share Posted August 8, 2013 I have not heard of anyone being successful at getting a refund where the visa has been processed (which yours has). It seems rare even if people just change their minds. Let us know how you get on. Link to comment Share on other sites More sharing options...
burmtra Posted August 8, 2013 Author Share Posted August 8, 2013 It's due to be refused on the basis that the direct entry 186 nomination was lodged and approved for one Anzsco code and my application was made for another(similar) though a colleague who has the same job as me had their nomination approved for the same other. Nobody told me so I didn't know my company did it with the wrong code so I was looking at applying for a mandatory refund under "your application was 'unnecessary' at the time it was made" on link the http://www.immi.gov.au/skilled/general-skilled-migration/withdrawing-visa-application.htm but if its down to the case officer he wont do it. Is there an application form you can complete for the delegate to assess as I have evidence? Thanks. Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 8, 2013 Share Posted August 8, 2013 I have read a registered migration agent on this board or another saying that "Your application was unnecessary at the time it was made" refers to very special cases where, for example, a permanent resident applied for a visa when they were already a PR. It means unnecessary in their eyes because another visa already exists (at least that's my understanding). I've never seen a refund given when it was the applicant/sponsor's own mistake. Link to comment Share on other sites More sharing options...
travelchic Posted August 8, 2013 Share Posted August 8, 2013 Didn't you say on another post that your CO advised you to withdraw your application rather than have it refused. Refusal could mean a future ban whereas withdrawal meant you could re submit your visa application with the correct code. Debs Link to comment Share on other sites More sharing options...
Rupert Posted August 8, 2013 Share Posted August 8, 2013 If you do have the option of withdrawing the application before it gets refused, make sure you do so, regardless of whether you get the refund or not. Otherwise you will spend the rest if your life having to explain the situation whenever you have to answer the question "have you ever been refused a visa or entry to another country". Link to comment Share on other sites More sharing options...
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