How to Complain About a Migration Agent in Australia (OMARA Guide)

What OMARA Can Investigate

OMARA investigates complaints about the professional conduct of registered migration agents. OMARA can investigate: Charging for services not performed. Charging for services not covered by the written client agreement. Failing to communicate with clients — not returning calls or emails, not providing progress updates. Misrepresenting visa prospects — guaranteeing a visa outcome that was not achieved. Failing to maintain client files — not keeping records, losing documents. Providing incorrect immigration advice that was not consistent with law or policy at the time. Breaching the OMARA Code of Conduct in any other way. OMARA can also investigate agents who have stopped responding entirely or have ceased operating without properly concluding client matters. If the agent's conduct resulted in a refused visa, delays, or financial loss, OMARA can investigate whether the conduct contributed to the outcome.

What OMARA Cannot Do

OMARA's powers are limited to regulatory action against the agent's registration and conduct. OMARA cannot: award you compensation or order the agent to refund your money; represent you in a new visa application; reverse a visa refusal; act as your legal representative. If you want a refund or compensation, OMARA is not the right avenue — you need a consumer tribunal (see below). OMARA complaints also do not expedite or affect any pending visa application. If a complaint involves unregistered operators (persons providing immigration assistance without a MARN), OMARA can refer the matter to the Department of Home Affairs for criminal prosecution — but cannot itself investigate an unregistered person for breach of the Migration Agents Code of Conduct.

How to Lodge an OMARA Complaint

To lodge a complaint with OMARA: Step 1: Gather your evidence. Collect all documents related to your engagement with the agent: the client agreement, all correspondence (emails, messages, letters), invoices and payment receipts, any written advice, copies of documents submitted on your behalf, and the visa decision if relevant. Step 2: Write a clear complaint statement. Set out: who the agent is (name, MARN, firm name); the services they were engaged to perform; what went wrong (specific events and dates); the impact (refused visa, financial loss, missed deadlines); what outcome you are seeking. Step 3: Submit via the OMARA website. Go to immi.homeaffairs.gov.au/what-we-do/migration-agents and find the complaint form. OMARA accepts complaints online, by mail, and by phone (1300 226 272). Step 4: OMARA assesses whether the complaint is within its jurisdiction. If so, it commences an investigation. Investigations can take months — OMARA will contact you for further information and will also contact the agent.

Getting Your Money Back: Consumer Tribunals

If you want a refund of fees or financial compensation, OMARA is not the right avenue. Your options for financial recovery: State and Territory consumer tribunals: Consumer Affairs Victoria, NSW Fair Trading, Queensland QCAT, and equivalent bodies in each state handle consumer disputes including service failures by migration agents. These tribunals can order refunds and compensation for services not properly delivered. Small claims: for amounts below the threshold, local courts or online small claims services may apply. Contractual dispute: your written client agreement is a contract. Breach of contract is actionable in civil courts. If the agent's conduct was fraudulent or involved misrepresentation, you may have additional consumer law claims. Australian Consumer Law (ACL): misleading or deceptive conduct by a migration agent may constitute a breach of the ACL, which is enforced by the ACCC and state consumer bodies.

Preventing Problems Before They Start

The best protection against a bad agent experience is due diligence before engaging: Always verify MARN on the OMARA register (current status). Require a written client agreement before paying any money. Read the agreement before signing — check: the scope of services; total fees and payment schedule; what happens if your visa is refused; how the agent will communicate with you; the refund or dispute resolution process. Request itemised invoices for all charges. Keep copies of everything — every email, every document you provide, every document submitted on your behalf. Ask for written confirmation of any verbal advice that is important to your case. If an agent makes a verbal guarantee of success, ask for it in writing — if they refuse to put it in writing, treat the guarantee as meaningless. The OMARA Consumer Guide (provided to you by the agent before engagement — this is an OMARA requirement) explains your rights. Read it.

Can I get a refund if my visa is refused?

Refunds depend on your client agreement. Most agreements specify that fees are earned as work is performed, not based on outcome. If the agent did all work properly but the visa was refused due to Department decision, you generally cannot recover fees. If the agent's mistake contributed to the refusal, a complaint and/or civil action may support a refund claim.

What if my agent has disappeared or is not responding?

Contact OMARA. An agent who abandons client files or becomes uncontactable is in serious breach of the Code of Conduct. OMARA can take urgent action including referring the matter for emergency regulatory response. You can also contact the Department of Home Affairs directly about your visa status.

Can I lodge my own visa application after dismissing my agent?

Yes. You have the right to terminate your engagement with an agent at any time. Once terminated, you can lodge your own application or engage a new agent. Your files and documents held by the former agent must be returned to you upon reasonable request — this is a Code of Conduct requirement.

What happens to my visa application if OMARA cancels my agent's registration?

If your agent's registration is cancelled while your application is pending, your application continues. OMARA cancellation does not affect your application's status. However, your former agent can no longer act as your representative — you need to appoint a new registered agent or manage the application yourself.