How to make a complaint about a migration agent

A problem with a migration agent usually starts with money, communication or missing work. The fastest way to move it forward is often to put the complaint in writing to the agent first, then take it to OMARA if the conduct is the issue, and to consumer affairs or a tribunal if the dispute is about getting money back.

A clear paper trail matters. Keep the agreement, invoices, receipts, emails, screenshots, file notes and any documents you gave the agent, because the outcome often depends on what can be proved.

Start with the agent in writing#

Before going to a regulator, send the agent a written complaint. Under the Migration Agents Code of Conduct 2021, a registered migration agent must have a complaints handling process and must give a consumer guide to clients before starting services, see s38.

Write the complaint in a way that can be checked later. Set out the dates, what was agreed, what happened, what documents or money changed hands, and what outcome you are asking for, such as an explanation, the return of documents, an invoice, or a refund of part of the professional fee.

Attach copies, not originals. Useful attachments include the written services agreement, trust account records if money was held for future work, invoices, receipts, screenshots of text messages, and copies of forms lodged with the Department. If a registered migration agent acted for a client with the Department, there is often also a Form 956 on file, which is the appointment form under s312A of the Migration Act 1958.

Give a reasonable deadline for a response and keep proof of sending it. Email is usually easiest because it creates a time stamp. If the business has a complaints policy, follow that process as well.

What evidence to keep#

The strength of a complaint often comes down to records. Keep everything from the first advertising or quote through to the last invoice or message.

Important records include:

• the agent's full name, business name and MARN
• the written agreement for services, required under s42
• the fee structure and any schedule of charges, see s46
• invoices and receipts, see s49
• trust account records if the agent held money for future work, see s50
• proof that money was not to be taken before the agreement, if that is in dispute, see s51
• copies of forms, submissions and supporting documents
• emails, messages and call notes with dates and times
• advertisements or promises made on a website or social media, especially if they implied guaranteed outcomes, which the Code does not allow, see s26
• any request for the return of documents and the response, because clients' documents must generally be returned within 14 days when required, see s54

It also helps to keep a short timeline in one page. List each key event by date, including when the agreement was signed, when money was paid, when forms were lodged, when you asked for updates and when the relationship broke down.

If the concern is that the person was not properly registered, check the operator first. A MARN can be checked through the official register, and VisaBid also explains what to look for at our operator checker. Giving immigration assistance in Australia while unregistered can be an offence under s280 of the Migration Act, and charging for it can be an offence under s281.

When to complain to OMARA#

OMARA deals with conduct by registered migration agents. This is the right path where the complaint is about professional behaviour, poor communication, misleading conduct, missing documents, charging practices, conflicts, confidentiality or breaches of the Code.

Examples include not providing a written agreement, not giving proper invoices or receipts, taking money before a services agreement, failing to return client documents, using advertising without a MARN, or suggesting a visa grant is guaranteed. The Code sections that often come up are s25, s26, s42, s46, s49, s50, s51 and s54.

OMARA is not usually the forum that gets money back for a client. It can investigate conduct and take action against a registered migration agent, but refund disputes are commonly dealt with through state or territory consumer agencies or civil and administrative tribunals. That is why it is often useful to separate the conduct issue from the money issue.

When lodging a complaint with OMARA, keep the focus on facts that can be proved. State what happened, when it happened, which documents support it, and which Code obligations appear relevant. A well-organised complaint with dates and attachments is easier to assess than a long account without records.

If the person was not a registered migration agent or an Australian legal practitioner, the complaint path can be different because OMARA regulates registered migration agents. In that situation, evidence of the services offered, the money charged and any immigration forms handled is especially important.

If the dispute is about fees or a refund#

A conduct complaint and a money claim are not the same thing. If the main issue is getting professional fees back, or disputing charges for work that was not done, the practical next step is often the consumer affairs body in the state or territory where the business operated, or the local civil and administrative tribunal.

These bodies usually look at contract and consumer issues. The key documents are the written agreement, the fee structure, invoices, receipts, trust account records and proof of what work was or was not completed. The Code helps explain expected business practices, but the refund question often turns on the contract terms and the evidence of performance.

Professional fees vary widely. For some matters, disputes can be a few hundred dollars. For complex matters, the amount can be several thousand dollars or more. Before starting a tribunal claim, it helps to add up exactly what is in dispute and separate professional fees from Department charges, translation costs, health checks and other third-party expenses.

If the agent is refusing to provide records, ask for copies in writing. Under s56, registered migration agents must keep client records for seven years. That does not decide the refund question by itself, but it can matter if there is later a dispute about what work was done.

Red flags that often appear in complaints#

Some complaint patterns appear again and again. They do not prove misconduct on their own, but they are useful warning signs to document.

One is no written agreement before work starts. Another is money taken before the agreement is signed, despite s51. Another is missing invoices or vague line items, even though s49 and s46 require proper fee information.

Advertising can also matter. A registered migration agent must include their MARN in advertising, see s25. Statements that sound like guaranteed grants are also a warning sign because the Code prohibits guarantees, see s26.

Document handling is another common issue. If original passports, certificates or other client papers are being withheld, record the request for their return and the response. The Code requires documents to be returned within 14 days when required, subject to limited exceptions, see s54.

A more serious issue is false or altered documents. Supplying false documents or misleading information can have serious consequences under the Migration Act, including s234 and s245AR, and may also raise PIC 4020 issues in some visa contexts. If a complaint involves document tampering or false material, keep copies and independent source records, such as the version originally issued by the school, employer or bank.

How to organise the complaint so it can be assessed#

A practical complaint package is usually short and structured. Start with a one-page timeline, then a summary of the issues, then the documents in date order.

A useful structure is:

1. Who the parties are, including the agent's name, business name and MARN.
2. What services were agreed, with the date of the agreement.
3. What was paid, when it was paid, and what receipts or invoices were issued.
4. What work was expected and what happened instead.
5. What outcome was requested from the agent and what response came back.
6. What action is now being sought from the regulator or tribunal.

Number the attachments. Refer to them in the summary, for example "Attachment 3, invoice dated 14 March" or "Attachment 7, email requesting return of passport". This makes it easier for a regulator, tribunal member or consumer case officer to follow the complaint.

If a person wants to change representatives or find a new registered migration agent after a dispute, it helps to compare credentials and quotes carefully. VisaBid has a guide library at our guide library, and people can describe a case and receive itemised quotes from registered migration agents and Australian legal practitioners at our case form.

الأسئلة الشائعة#

How do I report a migration agent in Australia?#

A complaint about the conduct of a registered migration agent can be made to OMARA after first raising it with the agent in writing. Keep the complaint factual and attach the agreement, invoices, receipts, emails, screenshots and a short timeline.

Can OMARA get my money back from a migration agent?#

OMARA deals with conduct and discipline, not usually with refund orders. If the main issue is recovering professional fees or disputing charges, the more direct path is often the state or territory consumer affairs body or civil and administrative tribunal.

What if the person helping me was not a registered migration agent?#

If the person was in Australia and gave immigration assistance without being a registered migration agent or an Australian legal practitioner, that can raise issues under s280 and s281 of the Migration Act. Keep records of the services offered, money paid, messages, forms handled and any advertising, then report the matter through the appropriate regulator or consumer channel.

What documents do I need for a complaint against a migration agent?#

The key documents are the written agreement, fee schedule, invoices, receipts, trust account records, emails, text messages, call notes, copies of forms and any proof of requests for updates or return of documents. It also helps to include a one-page timeline and copies of advertising or statements that appear inconsistent with the Code.

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About this guide. This is general information about how a process works in Australia. It is not immigration assistance and it is not advice about your situation. Under section 280 of the Migration Act 1958 only a registered migration agent or an Australian legal practitioner can give you that. Government charges are indexed and most change on 1 July, so check any figure at immi.homeaffairs.gov.au, and check any agent on the OMARA register.