Cooling-Off and Refund Rights When Hiring a Migration Agent (Australia, 2026)
Australia does not have a fixed statutory cooling-off period for migration agent agreements. Under the current Migration Agents Code of Conduct (in force since 1 March 2022), your service agreement must contain a fair and reasonable refund policy, you can stop using your agent at any time, and any refund you are owed must be paid promptly — within 14 days. Always read the refund policy before you sign.
Is There a Cooling-Off Period in Australia?
No — not a fixed statutory one. The current Migration Agents Code of Conduct (the Migration (Migration Agents Code of Conduct) Regulations 2021, in force since 1 March 2022) does not set a cooling-off period during which you can automatically cancel and get a full refund.
You may have seen older articles or guidance referring to a “5 business day cooling-off right.” That related to the previous Code of Conduct and no longer applies. It is important to rely on the current rules.
What Protects You Instead
Under the current Code, your protection comes from three things:
- A written service agreement — your agent must give you one before starting work, setting out the services, the fees, and the refund policy.
- A fair and reasonable refund policy — the service agreement must include a refund policy in relation to fees and disbursements, and that policy must be fair and reasonable.
- The right to stop at any time — you can cease using your agent at any point. What you are refunded then depends on the refund policy and how much work was already done.
How Fast Must a Refund Be Paid?
If you are owed a refund, the Code requires it to be paid promptly and, in any case, no later than 14 days after it becomes payable.
How to Protect Yourself Before You Sign
- Read the refund policy first. It must be in the written service agreement. If it is missing, vague, or “no refunds under any circumstances,” treat that as a warning sign.
- Check the fees are itemised and fair. You should be able to see what each stage costs.
- Keep a copy of the signed agreement and every receipt.
- Confirm the agent is registered before you pay — check them on the free verification tool or the OMARA register.
If You Want to Cancel
Tell your agent in writing (email is fine) that you are ending the engagement, and ask for an itemised account of work done and any refund owed under the agreement's refund policy. If the agent refuses to honour a fair refund policy, or does not pay within 14 days, you can lodge a complaint with OMARA at portal.mara.gov.au/lodging-a-complaint at no cost.
Frequently Asked Questions
Does Australia have a cooling-off period for migration agents?
No. The current Migration Agents Code of Conduct (in force since 1 March 2022) does not set a fixed cooling-off period. Older guidance referring to a 5-business-day cooling-off relates to the previous Code and no longer applies. Your protection now comes from the refund policy in your service agreement and your right to stop using the agent at any time.
Can I cancel my agreement with a migration agent?
Yes. You can stop using your agent at any time. What you get refunded depends on the fair and reasonable refund policy your service agreement must contain, and on how much work was already done.
How quickly must a refund be paid?
Under the Code of Conduct, any refund you are owed must be paid promptly and, in any case, no later than 14 days after it becomes payable.
How do I protect myself before signing?
Read the refund policy in the written service agreement before you sign, make sure fees are itemised and fair, and keep a copy. If the agreement has no clear refund policy, that itself is a warning sign.