Cuándo puede recuperar dinero de un agente migratorio

Paying a migration agent often happens in stages, but problems usually appear when the work stops, the relationship breaks down or the service delivered is much less than expected. In those situations, the main questions are usually about unused fees, where the money was held and what practical steps come next.

This guide explains the general process for getting money back from a registered migration agent or an Australian legal practitioner. It covers the client account rules in the Migration Agents Code of Conduct 2021, the Australian Consumer Law guarantees and a practical order for dealing with the issue.

Start with the written agreement and the invoices#

The first document to check is the written agreement. Under the Migration Agents Code of Conduct 2021, a registered migration agent must give a written agreement before starting work, and it must set out the services, fees and other important terms, see s42. The fee structure must also be explained clearly, see s46.

The next documents are the invoice and receipt. Under s49, the agent must give an invoice that describes the services and charges, and a receipt for money paid. These documents often show whether the fee was a fixed stage fee, an hourly fee, or money paid in advance for work not yet done.

This matters because a refund usually turns on what the payment was for. A completed piece of work is treated differently from money held for future work that has not been done yet.

If there was no written agreement before money was taken, that is also relevant. The Code says an agent must not ask for or receive payment before the agreement is in place, see s51. The consumer guide must also be given first, see s38. VisaBid has a copy at la guía del consumidor.

Unused fees and client account money are not the same as earned fees#

A common source of confusion is the difference between money that has been earned and money that is still being held. Section 50 of the Code deals with client accounts. In general terms, money received in advance for future professional services should be dealt with through a client account until it is properly payable.

A client account is not the agent’s general business account. It exists to separate client money from the business’s own money. If money was paid on account for future work, and that work was not done, the issue is usually whether some or all of that money remained unearned.

The Code also requires proper records around fees and handling of money. When looking at a possible refund, useful documents include the costs agreement, trust or client account records if any were provided, invoices showing work claimed, emails about stages completed and any receipt describing the purpose of the payment.

Some fees may be non-refundable in practice because they relate to work already completed. For example, an initial consultation fee or a completed eligibility assessment may be charged as a separate service. But describing a fee as "non-refundable" in a contract does not automatically end the issue if the money was for services not supplied, or if the term conflicts with consumer law.

Australian Consumer Law can apply even if the contract says "no refunds"#

The Australian Consumer Law contains consumer guarantees for services. These guarantees cannot be excluded, restricted or contracted out of by a standard term saying there are no refunds.

For services, the main guarantees usually discussed are that services will be provided with due care and skill, be fit for any disclosed purpose in some situations, and be supplied within a reasonable time if no time is fixed. Migration assistance is a professional service, so the exact remedy depends on the facts, but contract wording does not remove those basic protections.

That means a "no refund" clause is not always the end of the matter. If a service was not provided at all, was only partly provided, or was not provided with due care and skill, consumer law may affect whether money can be recovered.

The same point applies to broad waiver clauses. A business cannot avoid the consumer guarantees just by putting stronger wording in the agreement. In practice, the dispute often becomes a question of evidence: what was promised, what was paid for, what work was actually done and whether the standard of service matched the legal guarantees.

This does not mean every disappointing outcome creates a refund right. The Code also says agents must not guarantee results, see s26. A visa refusal by itself is not proof that the service was defective, and a grant is never guaranteed.

Department charges, third-party costs and agent fees are treated differently#

It helps to separate the different types of money in the file. One part may be the agent’s professional fees. Another part may be Department charges, and another may be third-party costs such as translation, medicals, skills assessments or police checks.

Department charges are usually governed by the Department’s own rules, not the agent’s refund policy. This guide does not list those charges because they change and are indexed. The relevant amount is usually shown on the visa page or in the Department’s current fee information.

Third-party costs also depend on who was paid and for what. If an assessment body, translator or doctor has already provided the service, that part may already be spent. If the money was collected in advance but the service was never ordered, the question is usually whether the money was still being held on the client’s behalf.

Professional fees are the part most often disputed with the agent. A straightforward one-off service may cost a few hundred dollars, while a full visa matter can be several thousand dollars or more, especially if there are multiple applicants or complex documents. The agreement and invoices should show what stages those fees covered.

A practical order of steps#

The first practical step is to gather the papers. That usually means the written agreement, consumer guide, invoices, receipts, bank transfer records, emails, any trust or client account references and the list of work said to have been completed.

The second step is to ask for a clear ledger in writing. The request usually asks for the amount paid, the date paid, whether the money went into a client account under s50, what work the agent says has been completed, what amount has been transferred as earned fees and what amount remains unspent or unearned.

The third step is to ask for the file and documents back if the relationship is ending. Under s54 of the Code, documents must be returned within 14 days of a written request, subject to limited exceptions. The agent must also keep records for seven years, see s56.

The fourth step is to set out the dispute in writing, briefly and with dates. This usually works best as a timeline: agreement signed, amount paid, work promised, work done, work not done, refund requested. The aim is to pin the issue to documents rather than arguments.

The fifth step is to check that the person was entitled to give immigration assistance. Registered migration agents can be checked by MARN details, and Australian legal practitioners should be identifiable through their legal practice details. VisaBid has a tool at nuestro verificador de operadores. Under the Migration Act 1958, giving immigration assistance in Australia while unregistered is an offence unless the person is an Australian legal practitioner, see s280, and charging for unregistered assistance is also an offence, see s281.

If the person is a registered migration agent and the issue is about professional conduct, complaints can be made through the proper complaints channel. VisaBid explains the process at nuestra guía de quejas. If the issue is mainly a consumer payment dispute, small claims or general consumer complaint pathways may also be relevant depending on the state or territory and the amount in dispute.

What not to do during a refund dispute#

Do not stop keeping records. Save screenshots, receipts, email chains and portal messages, and keep copies in date order. If a phone call happens, a short note made straight after can help keep the timeline clear.

Do not send false or altered documents while trying to salvage a visa matter. False documents can have serious consequences under the Migration Act, including s234 and s245AR, and public interest criterion 4020 can affect later applications.

Do not assume Form 956 changes the refund position. Form 956 records who is appointed to deal with the Department in relation to a matter, see s312A of the Migration Act. It is important for representation, but it does not by itself decide whether fees were earned or whether consumer guarantees were met.

If a fresh quote is needed after the relationship ends, the safest practical step is usually to compare services, stages and fee structures side by side. VisaBid lets applicants describe the matter and receive itemised quotes from registered migration agents and Australian legal practitioners at nuestro formulario de caso.

Preguntas comunes#

Can I get a refund if my migration agent did nothing after I paid?#

Money paid for future work is often the first place to look. The written agreement, invoices and any client account handling under s50 help show whether the money was still unearned. A refund question usually turns on what work was promised, what was completed and how the payment was described.

Does no refund in the contract mean I cannot get money back?#

Not always. The Australian Consumer Law guarantees for services cannot be contracted out of, so a blanket "no refund" term does not automatically decide the issue. The real question is usually whether the service was supplied at all, partly supplied, or supplied with due care and skill.

How do I know if my money was meant to be in a client account?#

Section 50 of the Migration Agents Code of Conduct 2021 deals with client accounts. In general terms, money paid in advance for future professional services should be handled as client money until it becomes properly payable. The agreement, receipt wording and any trust or client account records can help show how the money was treated.

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

That can raise a separate issue from the refund itself. Under the Migration Act 1958, giving immigration assistance in Australia while unregistered is an offence unless the person is an Australian legal practitioner, see s280, and charging for that assistance is also an offence under s281. The first practical step is usually to verify the operator’s status and keep all payment records.

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Sobre esta guía. Esta es información general sobre cómo funciona un proceso en Australia. No es immigration assistance y no es asesoramiento sobre su situación. Según la sección 280 de la Migration Act 1958 solo un agente de migración registrado o un Australian legal practitioner puede darle eso. Los cargos del gobierno se indexan y la mayoría cambian el 1 July, así que verifique cualquier cifra en immi.homeaffairs.gov.au, y verifique cualquier agente en el registro de OMARA (autoridad de registro de agentes migratorios).