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

2. Subject to paragraph (3) below, this protocol applies to any fee-paying international student.
3. 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

4. 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’.
5. The ESOS Framework mandates particular tuition fee refund entitlements for international students studying in Australia.
6. 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

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

Procedures

9. 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.
10. 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

11. The university will pay any refund amount only after the amount is received and cleared by the university’s bank. 
12. 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.
13. 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

14. 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.
15. 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

16. 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.
17. 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

18. 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.
19. 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

20. 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.