No Visa, No Fee: Refund Terms

This is a fee arrangement between you and ADI Immigration. If the Department of Home Affairs refuses the partner visa application we prepared and lodged for you, you do not pay our professional fee, and any professional fee you have already paid is refunded.

It is not a guarantee, prediction or assurance that any visa will be granted. The decision rests solely with the Department of Home Affairs. No registered migration agent can promise a visa outcome, a processing time, or a particular decision, and guaranteeing a visa outcome is prohibited under the Migration Agents Code of Conduct. What we can do is carry the financial risk of our own work alongside you.

Partner visa applications prepared and lodged by ADI Immigration at the primary application stage:

• Onshore partner visa, subclass 820
• Offshore partner visa, subclass 309
• Prospective marriage visa, subclass 300

The permanent residence stage (subclass 801 or subclass 100) is separate work under a separate fixed fee, and carries these same terms in its own right. Any other visa type, review or appeal is not covered unless we agree it with you in writing.

Your written services agreement confirms which application we are engaged for. Where this page and your signed services agreement differ, the services agreement prevails.

A written decision by the Department of Home Affairs refusing the application we prepared and lodged for you.

Nothing else triggers it. A request for further information, a delay, a change in your circumstances, or a decision you choose not to pursue is not a refusal.

Our professional fee for that application, in full, as actually paid by you, returned to the payment method you used.

Money you pay to anyone other than us is not ours to refund:

• the Government visa application charge, paid to the Department of Home Affairs
• health examinations and medical costs
• police certificates and character checks
• translation and certification costs
• biometrics, courier and postage

The Government visa application charge is set by the Department and is generally not refunded by the Department on refusal. It is the same charge no matter who prepares your application.

Write to us within 90 days of the date of the refusal decision, at [email protected], attaching the Department's decision record. If you are pursuing review of the refusal, tell us within that time and we will hold your claim open until the review is decided.

Once we have verified the refusal and confirmed the conditions below are met, we pay the refund no later than 14 days after it becomes payable, as required by regulation 52 of the Migration (Migration Agents Code of Conduct) Regulations 2021.

The arrangement does not apply, and no refund is payable, where the refusal follows from any of the following:

• information you gave us, or gave the Department, that was false, misleading or incomplete
• a material fact you did not disclose to us, including relationship circumstances, character or criminal history, health matters, or previous visa applications, refusals or cancellations
• documents or information we requested that were not provided within the time we asked for
• a Department request for further information that was not answered in time because of something within your control
• failure to attend an interview, medical examination or biometrics appointment
• the relationship ending, or the sponsor withdrawing, dying, or becoming permanently incapacitated, after lodgement
• you withdrawing the application, or asking us to stop acting
• you or another representative lodging, amending or communicating about the application without us
• the application being lodged against our written advice
• our professional fee not having been paid in full
• a change in law or policy that takes effect after lodgement and applies to your application
• a refusal at merits review, or on a later application, rather than on the application we lodged
• conduct by you that prevents us from doing the work properly

This list describes the kinds of circumstance that take a refusal outside the arrangement. It cannot name every one, so where a refusal arises from something not listed but of the same kind, these terms apply in the same way.

Our discretion runs the other way too: where something falls outside these terms, we may still pay the refund.

The arrangement applies once, to the application we were engaged to prepare and lodge. Review at the Administrative Review Tribunal, an appeal, or a fresh application after a refusal is separate work under a new agreement, quoted before it starts.

Nothing on this page excludes, restricts or modifies any right, guarantee or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, and nothing here limits the obligations a registered migration agent owes you under the Migration (Migration Agents Code of Conduct) Regulations 2021.

We may change these terms for future clients. The version that applies to you is the version in place when you engage us, and it does not change during your matter.

These terms are governed by the law of Victoria, Australia.

Immigration assistance is provided by Ilya (Eli) Bekker, Registered Migration Agent, MARN 1465541, for Partner Visa Australia Pty Ltd, ABN 97 670 826 892, trading as Australia Dynamic Immigration (ADI Immigration).

Questions about these terms: [email protected] or 1300 729 331.