How to Complain About a Migration Agent in Australia

Two Situations — Registered Agent or Unregistered Person

Before you complain, verify the agent's registration status. Search the OMARA register at portal.mara.gov.au.

• Registered (status: "Registered"): Lodge a complaint with OMARA.
• Unregistered or "Not Registered": Report them to the Australian Border Force (ABF).

Route 1: OMARA Complaint (Registered Agents)

Grounds for Complaint

You can complain to OMARA if a registered migration agent has:

• Breached the Migration Agents Code of Conduct (e.g., no written service agreement, overcharging, no fair refund policy)
• Been negligent or incompetent (e.g., missed deadlines, filed wrong information, failed to explain risks)
• Been dishonest or fraudulent
• Discriminated against you
• Engaged in sexual harassment
• Mishandled your money

How to Lodge

Go to portal.mara.gov.au/lodging-a-complaint. You can:

• Complete an online complaint form
• Email your complaint to OMARA
• Mail a written complaint

There is no fee to lodge a complaint with OMARA.

What to Include

Provide:

• The agent's full name and MARN
• Your full name and contact information
• Dates of the events you're complaining about
• A clear description of what happened
• Copies of relevant documents (emails, agreements, receipts, correspondence with Home Affairs)
• What outcome you're seeking (e.g., investigation, compensation)

Be factual and specific. Vague complaints are harder to investigate.

What OMARA Investigates and How Long It Takes

OMARA will:

• Request the agent's response to your complaint
• Review all documents and evidence
• Determine whether a Code of Conduct breach occurred

Investigations typically take 3 to 12 months depending on complexity. OMARA will communicate with you about the timeline.

Possible Outcomes

If OMARA finds that the agent breached the Code, possible actions include:

Reprimand

A formal written finding published on the OMARA register

Conditions on practice

Restrictions on what the agent can do (e.g., mandatory audit of trust account)

Ban order

The agent is banned from practising for up to 5 years

Deregistration

The agent is permanently removed from the register and cannot practise as a migration agent

Civil penalty

A monetary fine for Code breaches

Criminal referral

If fraud or serious dishonesty is found, OMARA may refer the matter to Australian Federal Police or the Commonwealth Director of Public Prosecutions

Route 2: ABF (Unregistered Agents)

If the agent is not on the OMARA register, they are operating illegally. Report them to the Australian Border Force (ABF):

• Online: abf.gov.au/about-us/contact-us
• Email: Report through the ABF contacts page
• Phone: Call the ABF tip line (details on the website)
• In person: Visit your nearest ABF office

You can also report to local police. Provide the same documentation as you would for an OMARA complaint.

Route 3: State Fair Trading (Contract and Refund Disputes)

If your dispute is primarily about money — a disputed fee, a refused refund, or overcharging — you may also complain to your state's fair trading authority:

• NSW: NSW Fair Trading
• Victoria: Consumer Affairs Victoria
• Queensland: Office of Fair Trading Queensland
• South Australia: ASIC (Australian Securities and Investments Commission)

These agencies handle consumer contract disputes independently of OMARA. They can order refunds in some cases.

Evidence to Gather

Collect all documents relating to your case:

• The client agreement (if provided)
• Invoices and payment receipts
• Email correspondence
• Text messages or messaging app conversations
• Copies of forms the agent submitted
• Correspondence from Home Affairs
• Any written promises or guarantees

If you don't have originals, screenshot digital communications. Save everything in a folder organized by date.