Guides

How to Complain About a Migration Agent (OMARA)

If your migration agent has done the wrong thing — overcharged you, botched your application, gone AWOL, or acted unethically — you don't have to just cop it. Australia has a formal complaints process through the Office of the Migration Agents Registration Authority (OMARA), and it exists specifically to hold agents accountable. Here's exactly how it works.

What Counts as Agent Misconduct?

OMARA can investigate complaints about registered migration agents who have:

  • - Failed to communicate — Not keeping you informed about your case, ignoring calls and emails
  • - Missed deadlines — Failing to lodge applications or respond to Department requests on time
  • - Overcharged or hidden fees — Not disclosing fees upfront, charging for services not provided
  • - Provided incompetent advice — Getting basic visa requirements wrong, recommending the wrong visa pathway
  • - Breached confidentiality — Sharing your personal information without consent
  • - Acted dishonestly — Providing false information to the Department, forging documents
  • - Failed to provide a written agreement — Agents must give you a client-agent agreement before starting work
  • - Operated while unregistered — Their registration lapsed but they continued practising
  • - Engaged in a conflict of interest — For example, acting for both you and your employer without disclosure

Essentially, any breach of the MARA Code of Conduct is grounds for a complaint.

Step 1: Try to Resolve It Directly

Before going to OMARA, consider raising the issue directly with your agent or their firm. Sometimes miscommunication or administrative errors can be sorted out with a frank conversation.

Put your concerns in writing (email is fine) and give them a reasonable timeframe to respond — say, 7 to 14 days. If they don't respond, or their response is inadequate, you've got a paper trail that strengthens your formal complaint.

That said, if the conduct is serious (fraud, dishonesty, or you're at risk of harm), skip this step and go straight to OMARA.

Step 2: Gather Your Evidence

Before lodging your complaint, pull together:

  • - The agent's details — Full name, MARN (Migration Agent Registration Number), firm name. You can look this up using our MARA check tool
  • - Your client-agent agreement — The written contract you signed
  • - All correspondence — Emails, text messages, letters, WhatsApp messages
  • - Receipts and invoices — Everything you've paid
  • - Timeline of events — What happened and when
  • - Any documents they prepared — Applications, submissions, forms
  • - Evidence of harm — Visa refusals, financial loss, or other consequences of their actions

The more documentation you have, the stronger your complaint will be.

Step 3: Lodge Your Complaint with OMARA

You can lodge a complaint through the OMARA website. The process involves:

  1. Complete the online complaint form — Available on the OMARA/Department of Home Affairs website
  2. Describe the conduct — Be specific about what the agent did or failed to do
  3. Attach your evidence — Upload supporting documents
  4. Submit — You'll receive a confirmation and reference number

You can also lodge a complaint by post or phone if you prefer. OMARA provides interpreter services if English isn't your first language.

Important: There's no fee to lodge a complaint. It's completely free.

What Happens After You Complain?

Here's how OMARA handles complaints:

### Initial Assessment OMARA reviews your complaint to determine if it falls within their jurisdiction and warrants investigation. Not every complaint proceeds to a full investigation — they focus on conduct that breaches the Code of Conduct.

### Investigation If they proceed, OMARA will: - Contact the agent for their response - Review all evidence from both sides - May request additional information from you - Investigate the agent's practices more broadly if warranted

### Possible Outcomes Depending on the severity of the misconduct, outcomes can include: - Caution — A formal warning to the agent - Conditions on registration — Requiring the agent to undertake additional training or supervision - Suspension — Temporarily removing their ability to practise - Cancellation of registration — Permanently struck off the register - Referral to other authorities — If criminal conduct is suspected

The process can take several months, so be patient. OMARA will keep you informed of progress.

Complaints About Unregistered Agents

OMARA only handles complaints about registered migration agents. If someone who isn't registered provided you with immigration assistance for a fee, that's a criminal offence. Report it to:

  • - Australian Border Force (ABF) — They investigate illegal immigration assistance
  • - Your local police — If you've been defrauded
  • - ACCC Scamwatch — If the person was running a broader scam

Learn more about spotting migration agent scams.

Can I Get My Money Back?

OMARA doesn't have the power to order refunds directly. However:

  • - A finding of misconduct strengthens any claim you make through your state's consumer tribunal (like NCAT in NSW or VCAT in Victoria)
  • - You can pursue the agent through small claims court for fees paid for services not rendered
  • - If the agent is a member of a professional indemnity insurance scheme, you may be able to claim against their policy
  • - Some agents will agree to a refund once they realise a complaint has been lodged

Keep all your receipts and the outcome letter from OMARA — you'll need them.

Moving Forward: Finding a Better Agent

If your experience has left you needing a new agent, don't let one bad experience put you off. There are thousands of ethical, competent agents out there. This time:

  • - Verify registrationCheck MARA registration before engaging
  • - Read reviews — Look for patterns in feedback
  • - Get everything in writing — Fees, scope, timelines
  • - Compare optionsSearch our directory and get multiple quotes

Not sure which visa is right for you? Our visa quiz can help point you in the right direction.

Find a Trustworthy Migration Agent

One bad experience doesn't define the profession. Browse thousands of MARA-registered agents, read reviews, and find someone you can trust with your case.

Search Migration Agents

Need Help With Your Visa?

Compare MARA-registered migration agents and send a free, no-obligation enquiry.

Find an Agent