Righting refunds – making processes fairer
Why did we investigate?
Our investigation Righting Refunds was prompted by complaints to our Office about the Department of Home Affairs’ (Home Affairs) application of refund provisions for Visa Application Charges (VACs) for parent visa applications. These VACs can involve high fees totalling over $40,000 and, in some cases, take almost 30 years to process. The investigation focused on refund requests for the first instalment of the VAC.
Given the high fees and lengthy wait times, it is not surprising that some applicants decide not to continue their application and ask for a refund of the VAC they paid, particularly as they grow older and become too unwell or infirm to be able to travel. In sadder cases, the applicant may die before their application is processed.
What did we find?
We found that:
- there is limited public-facing information about how Home Affairs handles VAC refunds and visa processing times
- Home Affairs decision-makers exercised their discretion narrowly, strictly applied key terms or did not have adequate quality assurance processes in place.
These inflexible practices, along with insufficient guidance and information for decision makers, detract from delivering humane outcomes for people.
What we recommended
The Ombudsman made 6 recommendations to Home Affairs to improve the administration of its refund provisions for VACs for parent visa applications and with the aim of delivering fairer, more consistent outcomes. We also suggested Home Affairs adjust the VAC refund to account for changes to the real value of the money originally paid. Home Affairs accepted our recommendations and acknowledged the suggestion. We continue to monitor their implementation.