Protocol on Refund of Fees for International Students

This protocol is effective from 5 September 2023 and applies to all international students commencing their studies from Summer session 2023 onwards. International students who commenced their studies prior to Summer 2023 should refer to the Protocol of Fees and Refunds for International Student that was included as part of their letter of offer. 

Purpose

  1. This protocol sets out the circumstances in which the University of Technology Sydney (university or UTS) will refund tuition fees and non-tuition fees paid by, or on behalf of, an international student and the processes for applying for a refund.

Scope

  1. Subject to paragraph (3) below, this protocol applies to any fee-paying international student.
  2. This protocol does not apply to:
    • an international student in receipt of United States government student aid or
    • fees payable to a third-party provider, including UTS College which delivers courses to students as part of a program that is packaged with UTS.

Background

  1. All Australian education providers who wish to enrol students holding a student visa must be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). CRICOS registered providers are obliged to comply with the Education Services for Overseas Students Act 2000 (Cth) (ESOS Act) and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students, along with statutory instruments made under the ESOS Act, collectively the ‘ESOS Framework’.
  2. The ESOS Framework mandates particular tuition fee refund entitlements for international students studying in Australia.
  3. This protocol is provided as part of the letter of offer and forms part of the written agreement between the international student and the university.

Refund of fees

  1. The university will refund fees paid by, or on behalf of, an international student in accordance with this protocol. 
  2. The international student’s entitlement to a refund is set out in the schedule to this protocol (“Refund entitlement”).

Procedures

  1. To apply for a refund of fees:
    • a commencing student who withdraws from a course on or before census date of the first teaching period must complete and submit the Application for Refund of Fees form (PDF, 161KB) to UTS International
    • a commencing student who withdraws from a course after census date of the first teaching period, must complete and submit an application for refund through the university’s online student portal and
    • a continuing student who withdraws from a course must complete and submit an application for refund though the university’s online student portal.
  2. The university will assess the application for refund in accordance with this protocol and advise the international student in writing of the outcome, including any refund amount payable by the university.

Payment of refund amount

  1. The university will pay any refund amount only after the amount is received and cleared by the university’s bank. 
  2. The university will pay the refund amount to an account in the international student’s name and country of permanent residence, except where:
    • the international student is granted a release and requests that the refund is transferred to another Australian education institution
    • the international student has specific circumstances where the refund must be paid to a third party. The international student must provide consent and evidence that the initial payment was made by that third party or
    • the international student has obtained another kind of visa to remain in Australia beyond the conclusion of their course. The student must provide to the university a copy of the visa. In this case, the refund may be made to an Australian bank account.
  3. The university will pay the refund amount within the following periods:
    • within four (4) weeks of receiving the completed refund request form, including relevant documentation or
    • in the unlikely event of provider (university) default as described in the schedule, within 14 days of the default unless the international student has accepted to transfer to an alternative course at the university’s expense.

Special circumstances

  1. The university may consider a refund of fees regardless of the provisions of this protocol if a student withdraws from a subject(s) or a course due to special circumstances. Special circumstances may include:
    • serious illness or misadventure, or other compassionate grounds such as death in the immediate family or
    • political, civil, or natural events in the student’s home country, which have impacted the student’s ability to meet their obligations or successfully complete the subjects in which they are enrolled.
  2. The international student must apply for a refund of fees due to special circumstances in writing and include in the application supporting documentary evidence. 

Refund after change of residency status

  1. If an international student obtains permanent residency status on or before census date, the student is considered a domestic student. Information about refunds for a domestic student is available on the university website.
  2. If an international student obtains permanent residency status after census date, the student is considered an international student for the remainder of that teaching period and this protocol continues to apply to them for the remainder of that teaching period.

Complaints and appeals

  1. An international student who is not satisfied with the decision made on a refund of fees under this protocol may make a complaint and appeal a decision in accordance with the UTS Student Complaints Policy and Student Complaints Management Procedure and/or may seek assistance from the UTS Student Complaints Resolution Office.
  2. Nothing in this protocol, including the right to make complaints and seek appeals, removes the rights of the international student to take action against the university under the Australian consumer protection laws.

Definitions

  1. In this protocol, the following definitions apply unless the context requires 

    census date means the last date by which an international student may withdraw from a subject or course before incurring a full fee liability for that teaching period     

    commencement date means the first day of the international student’s commencing teaching period as detailed in the letter of offer     

    commencing student means an international student who is about to commence or has recently commenced a course of study     

    continuing student means an international student who has completed the first teaching period of the course in which they are enrolled     

    course means an award course, short form of learning or non-award study or any part of such program of study offered by the university into which an international student is admitted and may include single subjects or time-based study in which the international student is enrolled     

    deposit means the amount specified in the letter of offer and payable by a commencing student when they accept their offer of admission to the university which contributes towards the tuition fees in their first teaching period     

    GS means genuine student. UTS will assess the GS requirements in accordance with Ministerial Direction 106 issued by the Department of Home Affairs     

    international student means a student enrolled or intending to enrol in a university course who holds a temporary visa with study rights and is not:     
    - an Australian or New Zealand citizen (whether solely or as a dual citizen with another country)     
    - a permanent resident of Australia or     
    - a holder of a permanent humanitarian visa     

    letter of offer means the letter that the university issues to an applicant which details the course, intake, fees, and conditions for which they have been offered admission      

    overseas student health cover or OSHC means health insurance for an international students that is required for the entire duration of their student visa     

    sponsor means the entity that is responsible for the payment of a sponsored student’s fees in accordance with a sponsorship agreement between the sponsor and the sponsored student     

    sponsored student means a student whose fees are paid by a sponsor     

    student services and amenities fee or SSAF means a fee that a student pays each teaching period to fund non-academic student services and support programs at the university     

    teaching period (also referred to as ‘session’ or ‘teaching session’) means a period of teaching activities as set out by the relevant academic calendar (e.g., Autumn Session, Research Session 1, Study Period 1, etc)     

    tuition fees means fees received by the university (from or on behalf of an international student) that are directly related to the provision of a course that the university is providing, or offering to provide, to an international student. Tuition fees are typically compulsory fees for the delivery of the enrolled course. Tuition fees do not cover non-tuition fees such as application fees, SSAF, OSHC or incidental or other costs that may be required as part of a student’s enrolment.

Schedule – Refund entitlement

This schedule forms part of the Protocol on Refund of Fees for International Students. Terms used in this schedule have the same meanings given in the protocol. 


Tuition fee refund entitlements will be calculated in accordance with the ESOS Framework.     

 

EventRefund entitlement
A. Commencing student 
  1. Provider (UTS) default:
    i. UTS fails to provide the course to the student at the location on the agreed starting date or
    ii. UTS ceases to provide the course at the location after the course starts but before it is completed, and the student has not withdrawn from the course before the day of default
UTS will refund 100% of the deposit within 14 days of provider default

If UTS offers the student a place in another course at UTS’s expense, the student may accept that offer rather than apply for a refund UTS will credit the fees as fees payable for that other course
  1. Student defers of commencement
No refund to student
The deposit will be credited towards the student’s account to offset future tuition fees
  1. Student changes course
No refund to student
The deposit will be credited towards the student’s account to offset future tuition fees

  1. Student withdrawals from the course:

    i. Before course commencement date

    ii. On or after commencement date, but on or before census date

    iii. After census date

 

i. UTS will refund 80% of the deposit

ii. UTS will refund 50% of the deposit


iii. No refund to student

  1. Student seeks and is granted approval to reduce their study load in the first teaching period
No refund to student
The unused portion of the deposit will be credited towards the next teaching period
  1. Student reduces their study load without approval in the first teaching period
No refund to student
The unused portion of the deposit will be credited towards the next teaching period 
If student subsequently withdraws from the course, no refund to student for the unused portion of the deposit
  1. Student’s visa application has been refused and the student provides suitable evidence of this
UTS will refund 100% of the deposit
  1. Student is unable to meet the prescribed conditions set by the UTS GS assessment process during admission
UTS will refund 100% of the deposit
  1. Student applies for refund due to special circumstances and the application is successful
UTS will refund 100% of the deposit
  1. Student provided fraudulent or misleading documents or information to UTS, agent, or the Department of Home Affairs, during the admission and enrolment process (in accordance with UTS Student Rule 5.6.1(2))
No refund to student
  1. UTS refuses to provide the course to student because of any of the following events:
    i. student failed to pay any fee
    ii. UTS is not satisfied that the student meets the GS requirements set by the Department of Home Affairs (in accordance with UTS Student Rule 5.6.1(8))
    iii. student breached student visa conditions
    iv. as a result of an outcome of a student misconduct review, including any appeal processes (in accordance with UTS Student Rule 16.2)
No refund to student
  1. Student withdraws from the course to transfer to another institution without an approved release from UTS
No refund to student
  1. Overpayment
No refund to student with an active course enrolment
100% of the amount overpaid will be credited towards future tuition fees
B. Continuing student 
  1. Provider (UTS) default:
    UTS ceases to provide the course to the student at the location after the course starts but before it is completed, and the student has not withdrawn from the course before the day of default
UTS will refund any unspent tuition fees as calculated by the formula below
Refund amount = weekly tuition fee x weeks in default period
The refund will be paid within 14 days of provider default
If UTS offers the student a place in another course at UTS’s expense, the student may accept that offer rather than apply for a refund 
UTS will credit the fees as fees payable for that other course

  1. Student withdraws from the course:

    i. on or before the census date of a teaching period

    ii. after the census date

 

i. UTS will refund 100% of the credit balance excluding the credits from the initial deposit

ii. No refund to student

  1. Student is granted approval to reduce their study load or take a leave of absence and still has a credit from the deposit
No refund to student
UTS will credit any tuition fees paid towards the next teaching period
  1. Student reduces their study load without approval in any teaching period and still has a credit from the deposit
No refund to student
UTS will credit any tuition fees paid towards the next teaching period
  1. Student’s visa application is refused and the student provides suitable evidence of this
UTS will refund 100% of the deposit
  1. Student applies for special circumstances and the application is successful
UTS will refund 100% of the unspent tuition fees for that subject (or subjects)
  1. Student provided fraudulent or misleading documents or information to UTS, to a UTS student recruitment agent or to the Department of Home Affairs at any stage of their study (in accordance with UTS Student Rule 5.6.1(2))
No refund to student
  1. UTS refuses to provide the course to student because of any of the following events:
    i. the student failed to pay an amount they were liable to pay the university, directly or indirectly to undertake the course
    ii. UTS is not satisfied that the student meets the GS requirement set by the Department of Home Affairs (in accordance with UTS Student Rule 5.6.1(8))
    iii. the student breached student visa conditions 
    iv. as a result of the outcome of a student misconduct review, including any appeal processes (in accordance with UTS Student Rule 16.2)
No refund to student
  1. A continuing student withdraws from the course to transfer to another institution without an approved release from UTS
No refund to student
C. Non-tuition fees 
  1. Application fee
No refund to student
  1. Administration fee for UTS-package courses
No refund to student
  1. Overseas Student Health Cover (OSHC) fee
Student who has arranged their OSHC must contact their OSHC provider for a refund of the fee
If UTS has organised OSHC fee on behalf of a sponsored student, then UTS will either return any OSHC refund to the sponsor or credit the refund towards future student fees 
  1. Student Services and Amenities Fee (SSAF)
UTS will refund 100% of SSAF paid for a given teaching period if student withdraws from the course prior to census date of that same teaching period
  1. Accommodation and welfare arrangement fee (for students under 18 years old)
     
UTS will refund 100% of the accommodation and welfare arrangement fee only where:
i.    student’s visa application is refused or
ii.    student withdraws, defers or is unable to arrive in Australia to commence the course and the student has provided UTS at least two (2) business days’ notice prior to the start date listed on their Confirmation of Approved Accommodation and Welfare letter
 


 

Acknowledgement of Country

UTS acknowledges the Gadigal people of the Eora Nation, the Boorooberongal people of the Dharug Nation, the Bidiagal people and the Gamaygal people, upon whose ancestral lands our university stands. We would also like to pay respect to the Elders both past and present, acknowledging them as the traditional custodians of knowledge for these lands.