1. Scope
This policy explains how we deal with refunds of fees paid to Nanak Migration Group. It applies alongside the service agreement you signed with us. Where this policy and your signed service agreement differ, the service agreement prevails.
Nothing in this policy excludes, restricts or modifies any right or guarantee you have under the Australian Consumer Law, the Migration Act 1958 (Cth) or the Code of Conduct for Registered Migration Agents. Those rights apply regardless of what this policy says.
2. What you pay, and who holds it
Understanding the difference between these three amounts explains most refund outcomes.
| Amount | Who receives it | Refundable? |
|---|---|---|
| Our professional fee | Nanak Migration Group, for the work we do on your matter | Refundable to the extent the work has not been performed. See section 4. |
| Department of Home Affairs charges | The Australian Government, once your application is lodged | Not refundable by us. See section 5. |
| Third party costs | Skills assessing bodies, panel physicians, translators, police authorities and similar | Refundable only if we still hold the money and it has not been paid on. |
2.1 Itemisation
Your service agreement itemises these separately so you can see what is ours and what is passed on.
3. Cooling off
If you change your mind within 7 calendar days of signing your service agreement, and we have not yet lodged your application or paid any Department charge or third party cost on your behalf, we will refund your professional fee in full.
If we have already lodged, or already paid money on your behalf, section 4 and section 5 apply instead.
4. Refunds of our professional fee
We charge a single fixed professional fee, paid before work begins. If your engagement ends before the work is finished, whether you end it or we do, you are entitled to a refund of the portion of the fee that relates to work we have not performed.
We assess that by reference to the stages below. This is the standard basis we apply, and we will explain how we applied it in writing.
| Stage | What it covers | Portion of fee |
|---|---|---|
| 1. Engagement and assessment | File opening, identity and conflict checks, eligibility assessment and strategy advice | 20% |
| 2. Preparation | Document checklist, collection, review, follow up and client preparation | 25% |
| 3. Drafting | Preparing forms, statements, submissions and supporting material | 30% |
| 4. Lodgement | Final review by the registered migration agent, lodgement and confirmation | 15% |
| 5. Post-lodgement | Managing the application to decision, including responding to departmental requests | 10% |
4.1 Partial stages and completed work
A stage that has been started but not completed is assessed on a fair and reasonable basis having regard to the work actually done. We keep file notes and time records so that this can be checked rather than asserted.
If the work is complete, the fee has been earned and no refund is payable, whatever the outcome of the application.
5. Department of Home Affairs charges
Once a visa application charge is paid to the Department, we no longer hold that money and we cannot refund it.
Visa application charges are set by the Australian Government and are generally not refunded, including where an application is refused, withdrawn or found to be invalid. Refunds of Department charges are available only in the limited circumstances the Migration Regulations allow, and the decision is the Department’s, not ours.
If you believe a Department refund may be available, tell us and we will help you make the request. We do not charge an additional fee for doing so.
6. Where a refund is not payable
To be clear about the boundaries:
- A visa refusal, cancellation or adverse decision does not of itself entitle you to a refund. We are engaged to provide professional services competently, not to guarantee an outcome, and no registered migration agent can guarantee a visa.
- A change in migration law, policy, occupation lists or program settings after you engage us does not entitle you to a refund of work already performed.
- Delay by the Department of Home Affairs or a third party is not a basis for a refund of our fee.
- If you provide false, misleading or incomplete information, or fail to provide documents we have requested, and that causes the matter to fail or to be abandoned, the fee for work performed remains payable.
- None of this displaces your rights under the Australian Consumer Law. If our services were not provided with due care and skill, or not fit for the purpose you told us about, you may be entitled to a remedy including a refund, and section 7 applies.
7. If our service fell short
Under the Australian Consumer Law our services must be provided with due care and skill, be fit for the purpose you made known to us, and be supplied within a reasonable time. These guarantees cannot be excluded.
If they are not met, you are entitled to a remedy. For a minor problem we may resupply the service. For a major failure you may cancel and seek a refund, and you may claim compensation for reasonably foreseeable loss. We will not ask you to waive these rights, and we will not make a refund conditional on you withdrawing a complaint or signing a non disparagement term.
8. How to request a refund
Submit a request through the refund request form on our website, or write to visa@nanakmigration.com.au. Please include your full name and the matter or file reference; what you are asking to be refunded, and the amount if you know it; why you are asking for it; and your bank details for the refund, if approved.
| Step | Timeframe |
|---|---|
| We acknowledge your request in writing | Within 5 business days |
| We review the file and assess the request | Within 21 days |
| We give you a written decision, including how any amount was calculated | Within 30 days of your request |
| We pay any approved refund | Within 14 days of the decision |
8.1 Payment method
Refunds are paid to the person who paid the fee, by bank transfer to an Australian account where possible. We do not charge a fee for processing a refund, though a third party bank or currency conversion cost may reduce the amount you receive on an international transfer.
9. If you disagree with our decision
Tell us first, and we will review it. If you remain unsatisfied you may complain to the Office of the Migration Agents Registration Authority at mara.gov.au. OMARA can consider complaints about fees charged by a registered migration agent. Complaining costs you nothing and does not affect your visa application.
You may also contact your State or Territory consumer affairs agency, or the Australian Competition and Consumer Commission, about your rights under the Australian Consumer Law.
10. Contact
Nanak Migration Group, 21 Ravenwoods Way, Craigieburn VIC 3064. Phone: 1300 644 728. Email: visa@nanakmigration.com.au.
Disclaimer
This policy describes our refund practice. It is not legal advice and does not limit your rights under the Australian Consumer Law, the Migration Act 1958 (Cth) or the Code of Conduct for Registered Migration Agents.