Dcv

I'm sponsoring my sister for a 139 Visa and she's been requested to
have medicals/PCC and to lodge the AoS bond, all in parallel.
As I'll be the assurer as well, I'm having the Centrelink interview
next Tuesday. Not that I expect it, but I was just wondering what would
happen if the visa was refused (eg: health issues) after the bond was
lodged? When would it be returned? The information booklet says that
the bond will be returned 2 years after the arrival to Australia, which
would never occur if the visa was refused.
Any ideas?

Regards,
Debora

welshtony

The bond goes into a term deposit for 30 months.

DIMIA would agree to the bond being released and would be liable to pay all associated charges and any penalties for early release of bond.


Tony

lacey21

What even if the applicant has a health issue or something Tony, and doesn't stand on Australian ground?

Mmm seems strange that
however I am not the DIMIA lol
lace x

lacey21

Ok! Once the ASPC or who ever have asked for this bond and it is payed into the bank does this generally mean you have your visa?


Hey what a question eh!

Lace x

welshtony

It always used to mean that. Over the past year or so, I have noticed more and more AOS letters coming out with health and character requests. I had one case where the client had paid the bond and was ready to go and the CO requested further evidence of work experience - the medicals expired, the wife became pregnant - the bond had less than a tear to run when they got their visas.

My advice is not to pay any bond until confirmation that all other requirements are met. In some cases this means advising Centrelink that despite their deadline, you ain't paying the bond until ASPC confirms this.

Back to DIMIA being liable for costs incurred where they request an assurance and visa is refused - if they go against their own policy and request something too early and the applicant is out of pocket because of this, DIMIA are pretty sensible about refunding such costs on production of receipts especially when they know you will be running to the Ombudsman if they don't cough up.


Tony

vb2

thanks for that, i was wondering the very same thing, especially since we have lodged our bond and are now waiting for the grant/refusal letter to come! not that its much consolation if we get a refusal but every little helps i suppose.

fingers crossed (again!!!)

vb2

JohnandMichelle

This is of great relevance to us, Tony. We were refused 138 after $5,000 bond lodged, even though DIMIA had evidence of reason for refusal before bond was asked for. We're presuming that it was supposedly my brother's money, it is he who has to apply to Centrelink for return of the bond? He has a copy of our refusal letter, so I'm presuming again that this is all he will need to prove that bond is not needed. (We now have 136) I was wondering if they would charge us for the early release (even though we paid extra - I think about $150 for bank charges initially). Any thoughts? Michelle

welshtony

Get your brother to put a claim in for expenses - they will only readily pay out of pocket expenses that you can evidence with receipts - this should be no problem. I think there will be a penalty payment to the Commonwealth bank for early release.

I'll dig out some more specific information for you next week.

Regards


Tony

JohnandMichelle

Thanks for that Tony. I doubt there would be any out of pocket expenses, but have I understood you right that DIMIA are likely to be liable to pay the early release payment? It would seem very unfair if we didn't get all the $5,000 back. Michelle

welshtony

Sorry, by out of pocket expenses I was referring mainly to the cost of setting up the bond in the first place and any costs in getting it released. It would not surprise me if they deducted any interest you were paid but they should not do that in my opinion (for what that is worth).

Reminds me of the case in the UK where a prisoner was wrongly convicted and got a massive pay out from the Courts, the Government then deducted the cost of his meals over the years he was wrongly imprisoned from the pay out.


Tony

JohnandMichelle

To be honest, Tony, not even bothered about extras, just to get the whole $5,000 back would be the most important thing. If you remember next week, I'd be glad to receive extra info. Thanks again. Michelle

Shaz&Dee

Michelle, can I ask why your 138 visa was refused? We are waiting a month now since lodging our bond so I'm starting to panic now after reading this post. Thanks, Sharon.

Sleeping Beauty

i was about to ask the same question sharon??
were you asked by DIMIA for the AOS interview and the subsequent bond to be lodged michelle?

JohnandMichelle

Yes, but, as I've said before, please don't worry - ours was a very unusual case. Brother not recognised by DIMIA as my legal brother because he had been adopted out as a baby and so could not be sponsor. However, DIMIA had asked for meds, pccs, AoS interview, bond lodged, etc. before this refusal, even though it had been made clear by us from the start that David had been adopted as a baby. So, as I said, not an every-day thing, and I'm sure a more competent CO would have just refused us immediately after assessing application - we were just unlucky. Michelle

welshtony

Hi Michelle

ASPC have advised that you should contact your case officer for the 138 so that they can advise Centrelink that the bond is no longer required. She also thought that there was no penalty for early release of the bond - I'll believe that when you tell me it is so. IF they do charge, get the receipts and the proof that it cost A$150 to set the accounts up and put in a claim for re-imbursement from DIMIA.

Regards


Tony




Tony