Terms and Conditions

Date of Effect: 25 August 2025

1. Agreement to Terms

Welcome to the Australian Migration Lawyers (AML) website. By accessing and using this website, including any of its content, features, or online forms, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with any part of these terms, you must cease using this website immediately.

2. Appropriate Use of this Website

You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this website by any third party.

Prohibited behaviour includes:

• Using this website for any fraudulent or unlawful purpose.
• Transmitting any material that is defamatory, offensive, or of an obscene character.
• Attempting to gain unauthorised access to our systems or data.
• Using any automated system or software to extract data from this website for commercial purposes (‘screen scraping’).

3. Use of Online Forms and Provision of Information

This website may include forms or other features that allow you to provide information to AML. By submitting information through this website, you acknowledge and agree that:

• No Lawyer-Client Relationship: The submission of information to us, and any preliminary response, does not automatically create a lawyer-client relationship. Such a relationship is only formed once you have formally signed a Costs Agreement with Australian Migration Lawyers.
• Accuracy of Information: You are responsible for ensuring that all information you provide is true, accurate, and complete to the best of your knowledge.
• Privacy: Any personal information you provide will be handled in accordance with our Privacy Policy.

4. Intellectual Property

All content on this website, including text, graphics, logos, and images, is the property of Australian Migration Lawyers or its content suppliers and is protected by Australian and international copyright laws. You may not reproduce, modify, distribute, or republish any content from this website without our prior written consent.

5. Disclaimer: Information is Not Legal Advice

The content provided on this website is for general informational purposes only. It is not intended as, and should not be construed as, legal advice on any subject matter.

Australian migration law and policy are subject to frequent change. While we endeavour to keep the information on this website current, we make no representation or warranty that the information is or will remain accurate, complete, or up-to-date.

You should not act or refrain from acting on the basis of any content included on this site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

Pricing Policy for Australian Migration Lawyers (AML)

6. Introduction to Our Fees

This section outlines the principles governing the fees for legal services at Australian Migration Lawyers (AML). Its purpose is to provide prospective and existing clients with clear, transparent, and accessible information about our pricing structures, special offers, and professional obligations.

AML is an incorporated legal practice. Our lawyers adhere to the highest professional and ethical standards as required by the Legal Profession Uniform Law, which governs our client relationships, costs disclosure, and billing practices. This policy applies to all prospective and current clients of the firm.

7. ‘No Visa, No Fee’ Policy

Australian Migration Lawyers may, in certain circumstances, offer a ‘No Visa, No Fee’ policy. This offer is not standard and is made on a limited, discretionary basis. The terms are as follows:

• Availability: This policy is offered only in select cases. The decision to make a ‘No Visa, No Fee’ offer is made at the absolute discretion of AML following a comprehensive initial consultation with one of our lawyers.
• Eligibility Criteria: To be eligible for this offer, the following conditions must be met:
  • Strong Prospects of Success: The offer is reserved for matters where our legal assessment indicates a strong likelihood of a successful visa outcome.
  • Full Client Cooperation: The offer is strictly conditional on you providing complete, accurate, and timely instructions and documentation throughout the entire application process.
  • Engagement of AML: Your agreement to the terms of AML’s comprehensive Costs Agreement and Disclosure Statement.
• Fee Arrangements:
  
  • Our professional legal fee for the visa application must be paid in full and upfront into our trust account before work commences.
  • A refund of this professional fee will only be issued if the visa application is refused by the Department of Home Affairs, subject to the conditions below.
• Exclusions:
  
  • Government and Other Non-Professional Fees: The ‘No Visa, No Fee’ policy applies exclusively to the professional fees payable to AML under the Costs Agreement and Disclosure Statement. It never covers government charges and other non-professional fees, such as Department of Home Affairs Visa Application Charges (VACs), which are non-refundable by AML.
  • Initial Consultation Fees: If a fee is payable for your initial consultation, this fee remains chargeable and is not refundable, even if a ‘No Visa, No Fee’ offer is not made or if you decide not to proceed.
• Post-Refusal Process: In the event of a visa refusal:
  • AML may, at its discretion, refund the professional fee and conclude our engagement (cease acting).
  • Alternatively, you may have the option to retain AML to represent you in a review or appeal of the decision. In this case, our ‘No Visa, No Fee’ guarantee is considered fulfilled. The work for the review or appeal will be subject to a new costs agreement and charged at our standard rates.

Specific Service Guarantee

The ‘No Visa, No Fee’ structure outlined above is a specific service guarantee offered by AML. It differs from a standard “conditional costs agreement” (often known as “no win, no fee”) under the Legal Profession Uniform Law, where legal fees are only payable upon a successful outcome.

As our model requires an upfront payment, it is not a conditional costs agreement under the legislation. However, if you engage Australian Migration Lawyers you will still enter into a costs agreement that is fully subject to the Uniform Law's requirements. This means it must be fair and reasonable, and you will receive a comprehensive Costs Agreement and Disclosure Statement that clearly explains the terms, including the precise conditions for the refund, before commencing.

8. Free Consultation Offer

AML may advertise or offer free initial consultations. The offer of a free consultation applies only where the request is made with a genuine intention to potentially engage our firm’s services, and not for the sole purpose of obtaining free information or having specific questions answered. Where a free consultation is offered, its purpose is to identify whether you may be eligible for a particular type of visa or may have reasonable prospects of seeking review or appeal of an adverse decision affecting your migration status.

To ensure free consultations are available to individuals with most pressing need, AML makes this offer subject to the following conditions:

• Scope: The offer is limited to the following types of visa matters:
  • Onshore Protection Visas
  • Family Visas
  • Character-Related Matters (Visa refusals or cancellations under section 501 of the Migration Act)

It is not available for other matters, such as offshore humanitarian visa inquiries, unless specifically advertised. AML reserves the right to determine which visa types are eligible at any time.

• Qualification Process: To ensure consultations are productive, all requests are subject to initial qualification by our Client Executive team. This allows us to confirm your identity, your good faith interest in applying for a visa and your genuine interest in engaging AML to assist you with that application or review or appeal of an adverse decision, and your capacity to meet any relevant Department of Home Affairs fees.
• Availability: All consultations are subject to lawyer availability. Our professional obligations to existing clients take precedence. During periods of high demand, the offer may be suspended, or you may be placed on a waitlist.

9. Responsibility for Government Fees

Clients are solely responsible for the payment of all government and third-party fees and charges. These costs are separate from our professional fees and are never covered or refunded by Australian Migration Lawyers. This includes, but is not limited to:

• Department of Home Affairs Visa Application Charges (VACs)
• Health examination fees
• Police check fees
• Fees for translation or interpretation services

10. Regulatory Information

Australian Migration Lawyers operates as an incorporated legal practice and is regulated under the Legal Profession Uniform Law (Victoria). We are committed to upholding the principles of fair and reasonable costs. In accordance with the law, all clients are provided with a Costs Agreement and Disclosure Statement before we commence any substantive work, ensuring full transparency regarding the scope of work and estimated legal fees.

11. Limitation of Liability

To the maximum extent permitted by law, Australian Migration Lawyers will not be liable for any direct, indirect, incidental, special, or consequential loss or damages arising out of the use of, or inability to use, this website or its content.

12. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that State.

13. Contact Us

If you have any questions about these Terms and Conditions, please contact us via the details provided on our website.