Can I get a refund on my visa lodgement fees?

Visa applicants are required to pay visa lodgement fees known as a Visa Application Charge (VAC). Although visa applicants will often not be eligible for a VAC refund, there are specific circumstances that exist where an applicant may be eligible.

What fees does the VAC include?

The VAC fees required will depend on:

• the visa subclass you are applying for;
• your personal circumstances, such as if you have any Members of the Family Unit to include;
• your immigration history.

Visa subclasses will require a “first instalment” of the VAC, which is payable at the time of application to validly lodge the visa. The first instalment fees may include:

• Base application charge;
• Additional applicant charge for an applicant who is at least 18;
• Additional applicant charge for an applicant who is less than 18;
• Subsequent temporary application charge;
• Non-internet application charge.

Some visa subclasses will also require a “second instalment” of the VAC, which is payable before the grant of the visa.

Can the first instalment VAC be refunded?

The Minister of Home Affairs (Minister) must refund the “first instalment” of the VAC where:

1. a ‘circumstance’ exists; and
2. the Minister receives a written request for a refund (or the Minister considers it reasonable to refund without receiving the written request).

What are the ‘circumstances’ where the Minister must refund VAC?

1. an application is unnecessary at the time that it is made;
2. an application is made because of a mistake made by immigration;
3. an applicant dies before a decision is made on the application;
4. an application is made in Australia, on or after 23 March 2013, for a Visitor (Subclass 600) visa or Medical Treatment (Visitor) (Class UB) visa, by an applicant who satisfies certain requirements;
5. an applicant’s application for a Training (Subclass 407) visa, Skills in Demand (Subclass 482) visa, or Temporary Skill Shortage (Subclass 482) visa, has been withdrawn because there was not an approved nomination that identified the applicant;
6. a Training (Subclass 407) visa, Skills in Demand (Subclass 482) visa, or Temporary Skill Shortage (Subclass 482) visa, was with withdrawn because the applicant either was not required to be identified in an approved nomination and did not have an approved work sponsor;
7. an application for a Temporary Activity (Subclass 408) visa that met certain requirements was withdrawn because the applicant did not have an approved work sponsor; or
8. any other circumstance listed in the legislative instrument.

Are there other circumstances where the first instalment of the VAC can be refunded?

There are other circumstances where the Minister may refund the first instalment. These include:

1. the application was made because of a mistake by the applicant, the applicant withdraws the application in writing, and after the withdrawal, the Minister receives a written request for a refund;
2. the application is for a Temporary Business Entry (Class UC) visa, the applicant withdraws the application as they cannot satisfy certain requirements, and after the withdrawal, the Minister receives a written request for a refund;
3. the application is for a Employer Nomination Scheme (Subclass 186) or Regional Sponsored Migration Scheme (Subclass 187) visa, the application relates to a position nominated in an application for approval, and the applicant withdraws the visa application for certain reasons (i.e. the nomination application, by mistake, identified the wrong occupation), and after the withdrawal, the Minister receives a written request for the refund;
4. the application is for a Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa, the application relates to a nomination of an occupation, and the applicant withdraws the visa application for certain reasons (i.e. the nomination application, by mistake, identified the wrong occupation), and after the withdrawal, the Minister receives a written request for the refund.

In the above circumstances, although the Minister has the power to refund the VAC, they are not required to refund the first instalment of VAC.

Can the second VAC instalment be refunded?

The Minister of Home Affairs (Minister) must refund the “second instalment” of the VAC where:

1. a ‘circumstance’ exists; and
2. the Minister receives a written request for a refund.

What are the ‘circumstances’ where the Minister must refund VAC?

1. the applicant withdraws the application in writing before the application is decided;
2. the applicant dies before first entering Australia as the holder of the visa;
3. the application has been finally determined and the visa is not granted;
4. the visa is granted, and later cancelled, before the applicant first enters Australia as the holder of the visa;
5. the visa is granted, and otherwise ceases, before the applicant first enters Australia as the holder of the visa;
6. certain events relating to a course of English language tuition.

Who can request the refund?

The written request for a VAC refund can only be made by:

• the person who paid the VAC;
• if the payer has died, or has a serious physical or mental incapacity, the payer’s legal personal representative;
• if the payer is bankrupt, the trustee of the estate of the payer.

How do I make the refund application?

If your visa application or payment was made through ImmiAccount, you can request your visa refund on ImmiAccount by:

1. Logging into your ImmiAccount;
2. From the ‘My Payments’ drop-down tab, select ‘Manage Payments’;
3. Previous payments and their status will be displayed;
4. If the payment status in ImmiAccount is ‘Credit’ or ‘Paid’ a refund can be requested.
5. To request a refund:

1. 1. From the actions menu, select the ‘Request Refund’ option.
   2. A new screen will display that allows you to begin your refund request.

If your payment was not made on ImmiAccount, you can request your refund by:

1. Completing Form 1424 – Refund request;
2. Sending the completed form to the office processing your application. If you don’t know the location of the office processing your application, send the completed form to your nearest office.

As part of your refund application, you must include supporting documentation which can include:

• bank statement (showing the transaction);
• tax invoice/receipt of the visa application;
• any other relevant documents demonstrating why you are eligible for the refund.

How long until I receive my refund?

The Department can take some time to process refund requests as there is no standard timeframe to process the request and each refund is individually assessed.

More information?

If you need legal assistance or have an immigration related query, get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.

You can also subscribe to our newsletter here to stay up to date with the latest in immigration news.

This document does not constitute legal advice or create an attorney-client relationship. Please consult an immigration professional for up to date information.