Q13 I do not wish to wait indefinitely for my application to be processed. What can I do?
The current arrangements changes the order in which applications are processed and the length of time until a decision is reached on those applications which do not meet the new priorities. However, these changes have not affected the requirements for the grant of a visa, and simply replace the previous priority processes.
If you wish to withdraw your application, you may do so. However, please note that the legislation allows only limited conditions under which refunds are granted. A Visa Application Charge (VAC) is usually only refunded when an application is deemed unnecessary or was made as a result of a mistake by either the applicant or the Department. Please note that the application must clearly have been mistakenly made. Situations where the applicant considers a ‘mistake’ was made because they changed their mind or they do not satisfy a criterion for visa grant are generally not covered by the refund provisions.
However if you choose to withdraw your application in writing, it is open to you to seek a refund. Each application for refund is considered on its merits and the department is unable to give an indication of the outcome.
Refunds are not granted if applicants choose to not proceed with their application because it will take longer to process than they expected.
Q14 I paid for my visa to be processed. It is unfair the rules have changed now. Can I get compensation?
No. DIAC will still process applications according to the criteria that applied at the time you lodged your application, but the processing times will be longer. Processing times have always varied depending on the complexity of the particular application and the processing priorities in place at the time.
The visa application charge (VAC) is on a cost recovery basis and relates to the complexity of the criteria that need to be assessed for the grant of the visa. Only a case officer may determine the outcome of a visa application against the criteria in the migration legislation. Applicants are warned not to take any irreversible steps when they apply for a visa, as there are a number of criteria that must be met for applicants to be granted a visa.