Can I cancel my visa application and get my money back?

The situation

I am currently living in Melbourne, Victoria, and I applied for a subclass 190 skilled migration visa back in February of this year. I paid the full application fee of $4,640 via my online portal. However, since then, my circumstances have changed significantly because I have been offered a permanent role in London, so I no longer intend to settle in Australia. I want to stop the process immediately before the department makes a final decision on my case. I have already looked through my email notifications and the online portal, but I cannot find a simple 'cancel' button anywhere. I am worried that if I just stop communicating with them, it might count as a rejection, which I have heard could cause me problems if I try to come back to Australia in a few years. I want to know if I can officially tell the Minister that I am pulling out of the process entirely. Most importantly, if I send them a formal letter to withdraw my application today, will I be able to get my $4,640 fee refunded, or is that money gone regardless of when I decide to cancel?

Detailed Analysis

You can stop your visa process by formally withdrawing your application. Under the law, "An applicant for a visa may, by written notice given to the Minister, withdraw the application"^[1]. This means you must send a formal written document to the Minister to officially pull out of the process.

By doing this, you avoid the risk of your application being treated as a refusal. The law states that "the Minister is not taken to have refused to grant the visa if the application is withdrawn before the refusal"^[1]. A refusal (a formal decision to say 'no' to your visa) is different from a withdrawal (you choosing to stop), and withdrawing helps ensure you don't have a negative decision on your record that could complicate future travel to Australia.

Regarding your money, you will not receive a refund of the $4,640 you paid in February. The law is very clear on this: "Subject to the regulations, fees payable in respect of an application that is withdrawn are not refundable"^[1]. This means that once you have submitted the application and paid the fee, that money is generally gone, even if you cancel the process immediately.

Because you are withdrawing rather than being refused, your application is simply "taken to have been disposed of"^[1]. This is a legal way of saying the application is finished and closed without a decision being made on its merits.

Please note that while this covers your current application, state or local laws may apply to other aspects of your residency or employment in Victoria.

Statutory Citations

Related Questions

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