Dear Colleagues,
My spies are telling me that the SAF payments are going into consolidated revenue and are not being held aside to skill Australians.
Quite apart from the "no refund" "policy" this programme is clearly out of control.
I want to support my Colleagues at MA to lobby the Minister and I need as much hard evidence as to what your experience is and what you are being told.
Please send me a brief on your experience with the evidence in support of it and i will do what I can.
Yes these are indeed horror stories of people/ employees losing money into some unknown Government chasm! We have had one nomination refused, another withdrawn due to nominee getting better offer and neither got refunds. This is so unfair and both were lodged under MLTSSL. We should lobby!
if you read the parliment record of the bill and go into the section of the revised explanatory memorandum:
( https://parlinfo.aph.gov.au/parlInfo/download/legislation/ems/r5999_ems_e9557e11-9b43-4d0f-aff7-99db109ece68/upload_pdf/663197_Revised_Explanatory_Memorandum.pdf;fileType=application%2Fpdf )
I quote section 34 in the revised EM as below:
34. New paragraph 140ZN(c) allows the regulations to make provision for, or in relation to the remission or refund of a nomination training contribution charge . For example, if a nomination training contribution charge is paid in relation to a nomination that is subsequently refused because the associated sponsorship application is refused, new paragraph 140ZN(c) allows the regulations to permit a refund of the charge. This paragraph also allows the regulations, for example, to permit a refund or partial refund of the nomination training contribution charge in circumstances where the actual period of stay of a nominated visa applicant is significantly less than the anticipated period set out in the nomination.
It clearly indicates that the regulation should permit refund the part of SAF charge beyond the period of stay. How come no refund if there's no nomination at all? The department is playing doggy!
I agree with you. The program is becoming a fund raising opportunity. I had a recent case nomination application was refused without any request or comments from the case officer before the refusal. And I’m in the position fighting to get the $4800 SAF levy back. The department does not refund the levy if a refused nomination application! It is unbelievable and unfair at all! If there’s no nomination approved how come the employer still has to pay the levy for the full nomination duration? This government is going crazy!