Why would you think that you would keep the game if you got the refund?
Maybe because your issue might be solved in the future, for example with a patch, if many other users are affected by the same issue.
That's like getting a DVD that is incompatible with your player, requesting a refund, but also asking that you get to keep the DVD in case you later buy a player that is compatible. It's not how things work. If it doesn't work you send it back and get a refund. If at a later date you are suddenly able to use the product, you buy it again.