Your Rights When Hiring a Migration Agent in Australia

The Migration Agents Code of Conduct — What It Means for You

When you hire a registered migration agent in Australia, the Migration Agents Code of Conduct applies. This is a mandatory code enforceable by OMARA. It sets minimum standards for how migration agents must treat clients, handle money, and disclose information.

The Code gives you concrete rights — not just good-faith promises. If an agent violates the Code, you can lodge a complaint with OMARA, and OMARA can take action against the agent.

Right 1 — Written Agreement Before Work Starts

Before a migration agent starts any work, they must provide you with a written client agreement in plain language. This agreement must state:

• The agent's full name and MARN
• The specific services you will receive
• The total fee or how the fee will be calculated
• What fees apply regardless of outcome (e.g., government application charges)
• A fair and reasonable refund policy
• How to complain to OMARA

Do not sign a blank agreement or one you don't fully understand. Take time to read it, ask questions, and keep a copy.

Right 2 — Clear and Itemised Fee Disclosure

All fees must be disclosed in writing before work starts. The agent cannot charge you fees that are not in the agreement. The agreement must distinguish:

Professional fees

What the agent charges for their work (e.g., application preparation, advice)

Government charges

What the Department of Home Affairs charges for the visa (these are set by government; the agent has no control over them)

Third-party charges

Translation, medical examinations, police checks — costs the agent must pay on your behalf

If any of these change after you sign the agreement, the agent must tell you in writing and get your approval before proceeding.

Right 3 — A Fair Refund Policy and the Right to Cancel

Australia does not have a fixed statutory cooling-off period for migration agent agreements. (Older guidance referring to a “5 business day cooling-off” relates to the previous Code of Conduct and no longer applies.) Under the current Code, your protection works like this:

• Your service agreement must include a refund policy for fees and disbursements, and that policy must be fair and reasonable.
• You can stop using your agent at any time by giving written notice (email is sufficient).
• Any refund you are owed must be paid promptly — within 14 days of becoming payable. How much you get back depends on the refund policy and how much work was already done.

Always read the refund policy before you sign. If the agreement has no clear refund policy, or says “no refunds under any circumstances”, treat that as a warning sign.

Right 4 — Access to Your Documents at Any Time

You have the right to request a copy of every document in your immigration file at any time — even if:

• You have not finished paying fees
• You have outstanding amounts owed
• The agent believes you will not get the visa

The agent must provide your documents promptly. They cannot withhold your file as leverage for payment. This is a fundamental client right under the Code.

Right 5 — The Right to Change Agents

You can change migration agents at any time. When you do:

• Notify the agent in writing that you are ending the relationship.
• Request all your documents and file in writing.
• The agent must provide them promptly.
• The new agent can request that Home Affairs note the change of representative on your file.

You should only pay the agent for work actually completed up to that point, not for the full agreed fee.

Right 6 — The Right to Complain (Free)

If you believe an agent has breached the Code of Conduct, you can lodge a free complaint with OMARA. There is no fee, no time pressure, and no risk to your visa application from complaining. OMARA will investigate and, if the breach is confirmed, can:

• Issue a reprimand to the agent
• Impose conditions on the agent's registration
• Ban the agent from practising for up to 5 years
• Deregister the agent (remove them from the register entirely)

See our article on How to Complain About a Migration Agent in Australia for the detailed process.

Right 7 — No Undisclosed Commissions

The agent cannot accept commissions or referral fees from third parties (e.g., education agents, employers, landlords) without telling you. If an agent has an arrangement with a third party that might create a conflict of interest, they must disclose it to you in writing.

For example, if an agent receives a commission for every student they refer to a particular university, the agent must tell you. This disclosure allows you to evaluate whether the agent's advice is independent.

What to Do If Your Rights Are Violated

If a migration agent violates any of these rights:

1. Document everything. Keep copies of emails, text messages, agreements, receipts, and any other evidence.
2. Send a written demand. Email the agent a clear letter explaining what they did wrong and what you want (e.g., refund, return of documents). Keep a copy.
3. Complain to OMARA. If the agent doesn't respond, lodge a formal complaint at portal.mara.gov.au/lodging-a-complaint.
4. Consider small claims court. If you are owed money, you can take the matter to your state's small claims tribunal (e.g., NCAT in NSW).