When are you entitled to a refund? Five common scenarios
Every CRICOS-registered provider must comply with the ESOS Act 2000 and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 — a single, nationally consistent framework that applies regardless of which state or territory the provider is in. This is more prescriptive than the UK, Canada, or (in some respects) New Zealand, where refund rules are set more by individual institutions.
1. You were refused under the Genuine Student requirement
Since 23 March 2024, Australia assesses Student visa (subclass 500) applicants against the Genuine Student (GS) requirement instead of the older Genuine Temporary Entrant test — you must show that genuine study, not migration, is your primary purpose. A refusal on GS grounds is still, legally, a visa refusal, so the same ESOS refund entitlement applies: a full refund minus the capped administrative fee.
Refused on Genuine Student grounds? Ask HOA2. Your visa is refused before the course starts (any ground)
You are entitled to a refund regardless of the reason your visa was refused. Your provider may deduct an administrative fee, but that fee is capped: no more than 5% of the course fees or A$500, whichever amount is lower, per the Commonwealth Ombudsman's published guidance for students.
Visa refused? Ask HOA for help3. Your course became full or your provider can't deliver it ("provider default")
If your provider closes, fails to start a course you're enrolled in, becomes unable to accommodate you, or stops delivering it partway through, the Tuition Protection Service either helps place you in an equivalent course with another provider or arranges a refund of unspent tuition fees.
Course full or offer withdrawn? Ask HOA4. New requirements were introduced that you can no longer meet
Your written agreement fixes the terms you enrolled under. If a genuinely new requirement — academic, financial, or visa-related — is introduced afterwards that you can no longer satisfy, raise it with your provider's international office in writing; outcomes here are assessed against your specific written agreement rather than a single blanket rule.
Requirements changed on you? Ask HOA5. You withdraw for compassionate or compelling reasons
Many providers' written agreements allow discretionary refunds for circumstances beyond your control — such as serious illness or bereavement — subject to supporting evidence such as a medical certificate.
What is separate from your tuition refund
- The visa application charge, paid to the Department of Home Affairs, is not refunded under any circumstance
- Overseas Student Health Cover (OSHC), if unused, is refundable through your health cover provider, not your education provider
- Non-tuition costs such as books, equipment, and accommodation generally sit outside ESOS tuition-fee protection
Worked example
You paid A$20,000 for your first semester. Your visa is refused before the course starts. Under the ESOS rule, your provider can retain the lesser of 5% of fees (5% of $20,000 = $1,000) or A$500 — so only A$500 can be retained.
A$20,000 − A$500 = A$19,500 refunded
At an approximate market rate of NPR 105/AUD, that's roughly NPR 20,47,500 (about 20.48 lakhs) before any bank transfer fees.
Illustrative only — exchange rates fluctuate daily and this is a market approximation, not an NRB-published cross-rate; check the live rate when your transfer actually happens.
What if you withdraw after your course has already started?
Refunds after the course starts are generally calculated on a pro rata basis under your written agreement — tied to census or enrolment reporting dates rather than a single fixed cut-off — so the earlier you withdraw after starting, the more of the term's fees you're typically entitled back. Always check the specific formula in your written agreement.
Choosing to defer instead
- Some providers allow deferral to a later intake instead of a refund
- Keeps your place without reapplying from scratch
- Only sensible if you're confident about the next intake
Choosing a refund
- Money returns to you now, minus the capped admin fee
- Frees you to apply to a different provider or country
- Right choice if a GS refusal or requirement change affects this specific application
How to request your refund, step by step
- Read your written agreement. Every CRICOS provider must give you a written agreement at offer stage that sets out its specific refund protocol under ESOS — this document governs your case.
- Gather your evidence. The official visa refusal notice from the Department of Home Affairs (Genuine Student or otherwise), or your provider's written confirmation of an unavailable course, plus proof of the fees you paid.
- Submit a written refund claim. Most providers require a specific application form sent to their international admissions or student services team — use the ready-to-send email below as your starting point.
- Track the 4-week deadline. Once your provider receives a complete written claim, the ESOS Act requires payment within 4 weeks — note the date you submitted so you can follow up if it lapses.
- Provide Australian bank details. Refunds are typically paid in Australian dollars, so confirm how the transfer back to Nepal will work with your bank in advance.
- Escalate if refused or delayed. Use your provider's internal complaints and appeals process first, then the National Student Ombudsman if the issue remains unresolved.
Ready-to-send refund request email
Copy this, fill in the bracketed details, and attach the evidence relevant to your scenario.
Subject: Refund Request – [Your Full Name] – CoE [CoE Number]
Dear [Provider] International Student Office,
I am writing to request a refund of the fees I paid for [Course Name], [Month Year] intake, under Confirmation of Enrolment (CoE) number [CoE number].
[Select the line that applies:]
• My Student visa (subclass 500) application was refused. I have attached the official Department of Home Affairs decision notice dated [date].
• I have been informed my place / course is no longer available. I have attached your notification dated [date].
• [Describe your situation.]
Under the ESOS Framework and my written agreement with [Provider], I understand I am entitled to a refund of my course fees, less any administrative fee permitted under my agreement. I have attached the following supporting documents: [list]. Please confirm the refund amount and expected payment date, noting the ESOS Act requires payment within 4 weeks of a complete written claim.
My payment was made from [bank name / account details]; please advise if you need further details to process the transfer back to this account.
Kind regards,
[Your Full Name]
[Student / CoE ID]
[Phone number]
[Email address]
Documents commonly requested
| Scenario | Documents usually required |
|---|---|
| Genuine Student / any visa refusal before course start | Department of Home Affairs refusal notice, letter of offer, fee receipts |
| Course full / provider default | Enrolment confirmation; the TPS contacts affected students directly |
| Changed requirement | Written agreement, correspondence showing the change, provider's written response |
| Compassionate/compelling withdrawal | Medical certificate or equivalent supporting evidence |
What about your NOC and your education loan?
Two Nepal-specific practicalities to sort out alongside your refund:
- NOC (No Objection Certificate): mandatory for Nepali students going to any country, including Australia. Your NOC was issued against your specific offer, so if you plan to apply elsewhere afterwards you'll typically need an updated NOC referencing the new offer — confirm current requirements directly on HOA's NOC guide or the MoEST portal. The NPR 2,000 NOC fee is a government processing charge, separate from any university refund.
- Education loan: if you've taken an education loan and funds were already disbursed, redirect the refunded amount toward the loan promptly to limit interest accruing on money no longer needed for its original purpose. If the loan was sanctioned but not yet disbursed, contact your bank to pause or cancel disbursement, and keep your provider's refund confirmation as documentation.
If your refund is refused or delayed
Start with your provider's internal complaints and appeals process — explain clearly why you believe the refund decision is wrong under your written agreement and the ESOS Framework. If you remain dissatisfied:
- Higher education (university) students can escalate to the National Student Ombudsman (NSO), a statutory function of the Commonwealth Ombudsman that has handled higher education complaints since 1 February 2025, free of charge, with no time limit on historical complaints.
- Public VET and school-sector students generally raise unresolved complaints with their relevant state or territory ombudsman instead.
Nothing in a provider's internal complaints protocol removes your separate rights under Australian consumer protection law.
Refund refused or delayed? Ask HOAYour Australia plan fell through — is the UK worth a second look?
Nepali students who lose an Australian place to a Genuine Student refusal, an oversubscribed course, or a changed requirement often find UK admissions run on a different rhythm — and HOA's guidance is entirely free.
- 153 UK partner universities — HOA has placed students across all 24 Russell Group universities
- An IELTS-waiver (MOI) route accepted by 25+ UK universities for many Nepali academic backgrounds
- £2M+ in scholarships secured for HOA-guided students since 2016
How this compares to other study destinations
| Destination | Governing framework | Typical refund deadline | External dispute body |
|---|---|---|---|
| Ireland | ILEP / TrustEd Ireland (QQI) | 20 working days of written claim | Ombudsman (public only) |
| Australia | ESOS Act 2000 + National Code 2018 | 28 days of written claim | National Student Ombudsman |
| United Kingdom | Institution's own policy + CMA consumer law guidance | Set per university | OIA (England/Wales), SPSO (Scotland) |
| Canada | Each Designated Learning Institution's own policy | Set per institution (often ~30 days) | Varies by province |
| New Zealand | Education Code of Practice 2021 + Fee Protection Rules | Set per provider | Study Complaints | Ngā Amuamu Tauira |
Weighing more than one country? Compare with UK university refunds, Irish university refunds, Canadian university refunds, or New Zealand university refunds, or see how the UK stacks up on our UK vs Australia comparison page.