After receiving complaints about the Department of Home Affairs’ (Home Affairs) application of refund provisions relating to Visa Application Charges (VACs), the Commonwealth Ombudsman, Iain Anderson, has published his investigation report on the matter, ‘Righting Refunds’ on 13 August 2024.
Mr Anderson said, “Parent visa applications involve significant charges which can total over $40,000 and very lengthy processing wait times of up to almost 30 years. It is not surprising that as time passes and circumstances change, applicants may no longer want to proceed with their application and request a refund of the VAC they have paid.“
“My investigation found that Home Affairs needs to improve on its policies and procedures to allow for a consistent and fair decision-making process when assessing VAC refund requests for parent visas.”
The report outlines that Home Affairs' existing policies and procedures on VAC refunds put fair outcomes at risk by:
- guiding decision-makers to exercise their discretion narrowly, without considering the specific circumstances of each case including whether a refund would be a fair outcome in the circumstances
- adopting a strict application of key terms
- having insufficient quality assurance processes to mitigate risk of inconsistent decision-making
The Ombudsman also said, “Home Affairs could do more to improve its communication with refund applicants and offers no effective avenue for internal review if their application is denied.”
“People are at the heart of the parent visa application process and deserve a refund system that is fair and responsive to their situation.”
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Source: Commonwealth Ombudsman, Australia