Migration Regulation provides for refunds of nomination fee paid in relation to nominations made by standard business sponsors or parties to a labour agreement under a limited set of circumstances. These circumstances are outlined below.
Where a nomination application has been refused and refunds are not given, funds can be recovered. There are a number of ways for costs to be recovered but each of them require dealing with independent bodies outside of the Department. Cost recovery approaches are a case by case matter and the means of achieving costs recovery will depend on the nature of application refusal. Contact us for review of your case.
Refund of nomination application fee amounts may occur where a written request has been made by the person who paid the nomination fee. The fee may also be refunded where the delegate considers it is reasonable in the circumstances to refund the fee without receiving a written request.
The refund of the fee must only be made to the person who paid the fee. It can be made in Australian currency, or the currency in which the fee was paid.
Refund due to mistake made by the Department
Nomination fee may be refunded where the nomination application was made because of a mistake by the Department.
For example, there may be isolated cases where the Department grants a subclass 482 visa for the wrong period of time or with the wrong visa conditions. The Department then requires the sponsor and visa holder to lodge another nomination and visa application to remedy the mistake. The new nomination application would be attributable to the Department’s mistake in this case and the fees would be refunded.
Refund party to a labour agreement
The regulations provide that the nomination fee for a pending application may be refunded where nomination application is withdrawn before a decision is made because:
- the nominated occupation is not included in the relevant labour agreement; or
- the number of nominations permitted for the yearly ceiling has been reached.
Refund due to incorrect SAF levy payment
Regulations provide that the nomination fee and contribution to the SAF may be refunded where the nomination is withdrawn because the information in the nomination used to work out the nomination training contribution charge was incorrect.
Refund due to sponsorship application withdrawn or refused
Regulations provides that the nomination fee and contribution to the SAF may be refunded if the nomination is withdrawn because the person has withdrawn their application to be approved as a standard business sponsor or their sponsorship application is refused.
Refund due to labour agreement not entered into
Regulations provides that the nomination fee and contribution to the SAF may be refunded because the person withdraws the nomination, as their requested labour agreement is not entered into.
Refund due to visa application being refused on certain grounds
Regulations provides that the nomination fee and contribution to the SAF for an approved nomination may be refunded if the related TSS visa application is refused under s501, s501A or s501B of the Act or because the visa applicant did not satisfy public interest criterion (and the visa application has been finally determined). Under policy, the Department would generally only refund the SAF contribution in this scenario because the nomination fee is a fee for service and the service (processing of the nomination) has been provided.
Refund failure to commence employment
Regulations provides that the nomination fee and contribution to the SAF for an approved nomination may be refunded if a TSS visa is granted on the basis of the nomination and the visa holder fails to commence employment in the position associated with the nominated occupation. Under policy, the Department would generally only refund the SAF contribution in this scenario because the nomination fee is a fee for service and the service (processing of the nomination) has been provided.
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