What OMARA can and cannot do about a bad agent

A bad migration agent can cost time, money and sometimes the chance to lodge on time. If the person is a registered migration agent, OMARA can investigate conduct and take disciplinary action. If the person is not registered, OMARA does not regulate them and it cannot force a refund, which is why checking registration before paying matters.

What OMARA is there to do#

OMARA is the Office of the Migration Agents Registration Authority. It regulates registered migration agents, also called RMAs, and it deals with conduct issues under the Migration Agents Code of Conduct 2021.

Its role is professional regulation. That means it can look at whether a registered agent followed the rules about agreements, fees, advertising, communication, records and handling client money. It is not a general compensation scheme and it is not a debt collector.

If a complaint is upheld, OMARA can take action against the agent's registration. Depending on the facts, that can include a caution, suspension or cancellation of registration. In some matters it can also issue a bar on applying for registration for a period.

This is different from fixing the visa matter itself. OMARA does not decide visa applications and it does not stand in the Department of Home Affairs' place.

What OMARA can investigate about a registered agent#

OMARA can consider complaints about a registered migration agent's conduct. The starting point is usually the Code of Conduct and the terms of the service agreement.

Common complaint issues include:

• no written agreement before work started, contrary to s42
• taking money before a proper agreement was in place, contrary to s51
• unclear fees or no proper fee structure, contrary to s46
• no invoice or receipt, contrary to s49
• problems with money held for the client, contrary to s50
• failing to give the consumer guide before starting services, contrary to s38
• advertising without a MARN, contrary to s25
• promising outcomes or guarantees, contrary to s26
• not returning documents within 14 days after being asked, contrary to s54
• poor record keeping or failure to retain records for seven years, contrary to s56

For example, a registered agent is expected to set out fees and services in writing. The agreement and fee structure matter because they show what work was promised, what was charged and when extra fees may be payable. If there is a dispute later, those documents are often central.

OMARA can also look at conduct such as failing to communicate, lodging without authority, or not keeping the client informed where the Code required updates. A complaint normally works better when it is supported by emails, invoices, receipts, bank records, the service agreement and any screenshots of advertising.

If the person who acted was appointed to deal with the Department, Form 956 may also be relevant. That form records who is authorised to receive documents and provide immigration assistance in relation to the application, see Migration Act s312A.

What OMARA cannot do for you#

OMARA cannot order the Department to grant a visa, speed up processing or reopen a decision. Its role is not to fix the underlying migration outcome.

OMARA also cannot usually recover money for a client. It can investigate whether a registered agent breached the Code, but it is not a small claims tribunal and it does not have a general power to award compensation or force a refund. A fee dispute may need to be taken up directly with the agent, through a consumer tribunal or court, depending on the amount and the contract.

OMARA cannot regulate an unregistered operator. This is a key limit. If the person was not a registered migration agent or an Australian legal practitioner, OMARA has no registration to suspend or cancel.

That is why checking registration before paying is so important. On VisaBid, you can check an operator first. You can also compare itemised quotes from registered agents and Australian legal practitioners by posting your situation at our case form.

OMARA is also not a criminal court. If a matter involves false documents, false statements or identity issues, other laws may be relevant, including Migration Act s234 and s245AR, and Public Interest Criterion 4020. OMARA does not give case-specific advice about those issues.

What happens if the operator was not registered#

In Australia, giving immigration assistance while unregistered can be a criminal offence under Migration Act s280. Charging for that unregistered assistance can also be an offence under s281.

If the operator was unregistered, the practical problem is that OMARA cannot discipline them as an agent because they were never on the register. A complaint may still be worth making to record what happened, but a refund or enforcement pathway may sit elsewhere, such as state or territory consumer agencies, police in serious fraud matters, or a civil claim.

This is why registration matters before any money changes hands. A registered agent has a MARN, must comply with the Code, and can be disciplined by OMARA. An unregistered operator may disappear, change business names or keep working without the same regulatory consequences.

There are some people who can lawfully give immigration assistance without being RMAs, most importantly Australian legal practitioners. The key point is still the same, check who they are, what authority they rely on, and whether the business is presenting its status clearly.

If an advertisement leaves out the MARN, that may itself be a warning sign for a registered agent because s25 requires the MARN to appear in advertising. If there is no MARN and the person is not an Australian legal practitioner, extra caution is sensible before sharing documents or paying money.

Steps to take if you think a registered agent acted badly#

Start by gathering the paperwork. Useful documents include the service agreement, the consumer guide, invoices, receipts, bank transfer records, Form 956, emails, text messages and any portal screenshots.

Next, check whether the person is in fact registered. A business name is not enough. The individual adviser needs to be identified, and if they are a registered migration agent there should be a MARN that can be checked.

Then compare what happened against the Code. For many fee and conduct disputes, the most useful sections are s38, s42, s46, s49, s50, s51, s54 and s56. If the problem was a promise of a guaranteed outcome, s26 is particularly relevant.

It can also help to put the complaint in date order. A short timeline with dates of payment, dates documents were sent, what was promised, and when requests were ignored makes it easier to understand the conduct issue. Keep the focus on verifiable facts.

If the issue is mainly about money, read the agreement carefully. Some professional fees are fixed, while others are staged by milestones such as initial assessment, application preparation and lodgement. On the market, professional fees can range from relatively modest amounts for straightforward work to several thousand dollars for complex matters, not including government charges.

Visa applicants who have not yet engaged anyone can reduce risk by comparing written quotes and checking credentials first. VisaBid has a consumer guide and a 費用見積もりツール that can help with the early steps.

What to look for before you pay an agent#

The safest time to avoid a bad agent is before engagement. A proper setup is usually visible in the documents and in the way the service is offered.

Look for a written agreement before any payment, as required by s42 and s51. The agreement should identify the person providing the service, describe the work, and explain the fee structure under s46.

Check whether the consumer guide was provided first, as required by s38. A registered agent should also give invoices and receipts under s49, and if client money is to be held on trust or in a client account, s50 becomes important.

Look closely at advertising and promises. A registered agent's advertising should show the MARN under s25, and no one is allowed to guarantee success under s26. Claims like "100 per cent success rate" or "guaranteed visa" are obvious warning signs.

Also check who will actually do the work. Some businesses advertise under one name but pass work to another person. The adviser dealing with the migration matter should be clearly identified.

Why checking first is better than complaining later#

Complaints matter, but they are a remedy after harm has already happened. Even when OMARA takes action, that does not necessarily put money back in a client's account or repair missed deadlines.

Checking first is simpler. It confirms whether the person is regulated, whether they have to follow the Code, and whether there is a registration to complain about if something goes wrong. That is the practical value of a MARN.

If you are comparing providers, ask for the written agreement, fee stages and who will handle the file. If you want a place to start, VisaBid lets you describe your case and get quotes from registered migration agents and Australian legal practitioners.

よくある質問#

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

Usually, no. OMARA regulates conduct and can take disciplinary action against a registered migration agent, but it is not a compensation scheme and it does not generally order refunds. Money disputes often depend on the service agreement and may need a consumer tribunal or court.

Can I complain to OMARA about someone who is not registered?#

OMARA does not regulate unregistered operators, so it cannot suspend or cancel a registration that does not exist. Unregistered immigration assistance can raise issues under Migration Act s280 and s281, but recovery of money or enforcement may need to be pursued through other bodies.

What can OMARA do to a registered migration agent?#

If a complaint is made out, OMARA can take disciplinary action against the agent's registration. That can include a caution, suspension or cancellation, depending on the conduct and the evidence. It can also consider whether the agent breached parts of the Code such as s42, s46, s49 or s54.

How do I check if a migration agent is really registered?#

The practical step is to check the individual's MARN, not just the business name. Advertising by a registered agent should display the MARN under s25 of the Code. VisaBid has a page to check an operator, which helps you confirm who you are dealing with before you pay.

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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.