How to Report an Unethical or Unregistered Migration Agent

How to Report an Unethical or Unregistered Migration Agent

If you've had a bad experience with a migration agent — or suspect someone is providing immigration assistance without being registered — you have every right to report them. The Office of the Migration Agents Registration Authority (OMARA) oversees the registration and conduct of migration agents in Australia, and their complaint process exists to protect people like you. Every year, OMARA investigates hundreds of complaints and takes action against agents who've breached the Code of Conduct or who are practising illegally. Knowing how to identify a problem and how to report it can protect you, your visa application, and other people who might fall victim to the same agent.

How to Check If a Migration Agent Is Registered

Before engaging any migration agent, you should verify their registration. The MARA register is an online, publicly searchable database maintained by OMARA.

Using the MARA Register

1. Visit the Department of Home Affairs website and search for the MARA register
2. Enter the agent's name or their Migration Agent Registration Number (MARN)
3. The register will show whether the agent is currently registered, their registration expiry date, and whether any sanctions or conditions apply to their registration

Every registered migration agent is issued a MARN — a unique identifier starting with a number. A legitimate agent will have no problem providing this number. If an agent refuses to provide their MARN or gives you a number that doesn't appear on the register, that's a major red flag.

As of 2025-26, there are approximately 7,800 registered migration agents in Australia. Only registered agents (and Australian legal practitioners who hold a current practising certificate) are legally allowed to provide immigration assistance for a fee.

Did you check your agent's registration before you hired them, or did you take their word for it?

Signs of an Unethical Migration Agent

Not all problems involve unregistered agents. Some registered agents behave unethically. Warning signs include:

Financial Red Flags

• Demanding full payment upfront: While some deposit is normal, demanding the entire fee before any work begins is a concern. The Code of Conduct requires clear fee agreements.
• No written fee agreement: Agents are legally required to provide a written agreement outlining their fees and services before work begins.
• Hidden fees: Charges that weren't disclosed in the initial agreement.
• Requesting payments in cash with no receipt: This prevents you from proving what you paid.
• Charging for government fees separately without transparency: Some agents roll government application fees into their own fees without clear disclosure.

Service Red Flags

• Guaranteeing visa approval: No agent can guarantee a visa outcome. The Department makes all visa decisions, not agents. If someone guarantees approval, they're lying.
• Pressuring you to sign documents you haven't read: You should always read and understand everything before signing.
• Lodging applications without your knowledge or consent: Your agent must have your authority before lodging anything.
• Not keeping you informed: You're entitled to regular updates on the progress of your application.
• Refusing to give you copies of your file: Your documents belong to you. You have the right to copies at any time.
• Advising you to provide false information: Any agent who suggests you lie on your application or submit fabricated documents is committing a serious offence and putting your visa at risk.

Professional Red Flags

• No MARN displayed: Registered agents must display their MARN in their office and on their correspondence.
• Operating from a residential address with no business presence: While home offices exist, combined with other red flags, this can indicate an unregistered operator.
• Claiming special connections with the Department: No agent has "inside connections" that can influence decisions. This claim is a scam.
• No professional indemnity insurance: Registered agents are required to hold professional indemnity insurance.

Around 350 formal complaints are lodged against migration agents annually, with approximately 60-80 resulting in sanctions ranging from cautions to deregistration.

Consequences of Using an Unregistered Agent

Using an unregistered agent puts you at serious risk:

• Poor advice: Unregistered agents haven't met education or competency requirements. Their advice may be wrong.
• No accountability: If something goes wrong, OMARA can't take disciplinary action against someone who isn't registered.
• No professional indemnity insurance: If the agent's negligence damages your case, there's no insurance to cover your losses.
• Your application can be affected: While you won't be penalised directly for using an unregistered agent, the quality of your application may suffer, leading to refusal.
• No recourse through OMARA's complaint process: OMARA can investigate unregistered practice as a criminal matter, but can't order compensation or remedies for you.

The OMARA Complaint Process

Who Can Complain?

Anyone can lodge a complaint with OMARA, including:

• Current or former clients of a migration agent
• Family members or friends of a client
• Other migration agents
• Department of Home Affairs staff
• Members of the public

What Can You Complain About?

Complaints can cover:

• Breaches of the Code of Conduct for registered agents
• Unregistered practice (providing immigration assistance for a fee without registration)
• Dishonest or misleading conduct
• Failure to provide services paid for
• Overcharging
• Incompetence or negligence
• Failure to maintain client confidentiality
• Lodging applications without client authority

How to Lodge a Complaint

Step 1: Gather your evidence

Before lodging, collect:

• The agent's name, MARN (if registered), and contact details
• Copies of any written agreements, receipts, or fee quotes
• Copies of all correspondence (emails, texts, letters)
• Copies of any documents the agent prepared or lodged
• A timeline of events
• Details of any financial losses

Step 2: Complete the complaint form

OMARA's complaint form is available on the Department of Home Affairs website. You can lodge it:

• Online through the Department's website
• By email
• By post

Step 3: Provide a detailed written statement

Explain what happened in chronological order. Be specific:

• What was agreed (fees, services, timelines)
• What actually happened
• How the agent's conduct affected you
• What outcome you're seeking

Step 4: Submit and await acknowledgment

OMARA will acknowledge your complaint and assign it to an investigator. The investigation may take several months depending on complexity.

What OMARA Can Do

If a complaint against a registered agent is substantiated, OMARA can:

For unregistered practice, the penalties are criminal:

• Providing immigration assistance without registration is an offence under section 280 of the Migration Act
• Penalties include fines of up to $66,000 for individuals and up to 10 years imprisonment
• OMARA can refer suspected unregistered practice to the Australian Federal Police

What to Do If You Think Your Agent Has Damaged Your Case

If your agent's misconduct has affected your visa application:

1. Get a new agent or lawyer immediately: Don't continue with an agent you don't trust. You can change agents at any time — it's your right.
2. Request your complete file: Your current agent must provide your complete file within 7 days of a written request. This includes all documents, correspondence, and notes.
3. Assess the damage: Have your new agent review what was lodged and identify any problems. Sometimes poor work can be corrected through additional submissions.
4. Lodge a complaint with OMARA: Even if you've moved on, your complaint may prevent the agent from harming other clients.
5. Consider legal action: If you've suffered financial loss due to negligence, you may have a civil claim. The agent's professional indemnity insurance may cover compensation.
6. Contact the Department: If false information was lodged without your knowledge, contact the Department to correct the record. It's better for you to flag the issue than for the Department to discover it themselves.

Is your current agent providing the service they promised, or are you making excuses for their poor performance?

Protecting Yourself When Choosing a Migration Agent

Prevention is better than complaints. Here's how to protect yourself:

• Always check the MARA register before engaging any agent
• Get a written service agreement that clearly states fees, services, and timelines
• Don't pay cash without a receipt — ever
• Keep copies of everything: Every email, every document, every receipt
• Ask questions: A good agent welcomes questions. One who becomes evasive or aggressive when questioned is a problem.
• Get a second opinion: If advice seems wrong or too good to be true, consult another registered agent
• Trust your instincts: If something feels wrong, it probably is

For more information about what agents should be doing for you, see our article on the Migration Agent Code of Conduct.

If you've already experienced issues with your visa application due to agent problems, understanding the steps to take when a visa is refused and how to appeal at the ART will help you understand your options going forward.

Frequently Asked Questions

Can I get a refund from a migration agent who didn't do their job?

Potentially. If the agent failed to provide services they agreed to in writing, you can request a refund directly. If they refuse, OMARA's complaint process can investigate, and you may also pursue the matter through your state's consumer affairs tribunal or small claims court. If the agent has professional indemnity insurance, a claim can be made against that policy.

Is it illegal to get immigration help from a friend or family member?

Not if they're doing it for free. The law prohibits providing immigration assistance "for a fee or reward" without registration. A friend or family member helping you fill out a form without charging you isn't breaking the law. However, if they charge money (even informally), they may be committing an offence.

What if my agent is registered but I think they gave me bad advice?

Lodge a complaint with OMARA. Registered agents are required to provide competent advice. If the advice was negligent or fell below professional standards, OMARA can investigate and take disciplinary action. You may also have a civil claim for negligence, particularly if the bad advice led to a visa refusal or financial loss.

How long does an OMARA investigation take?

Investigations typically take 3-12 months, depending on the complexity of the case, whether the agent cooperates, and the volume of complaints OMARA is handling. Serious cases involving suspected fraud or criminal activity may take longer. OMARA will keep you informed of progress, though updates may be infrequent during the investigation phase.

Can I complain about a lawyer who gave me immigration advice?

Lawyers who hold a current practising certificate are legally allowed to provide immigration assistance without MARA registration. Complaints about lawyers go to the legal professional body in their state or territory (e.g., Law Society, Legal Services Commissioner), not to OMARA. The standards and complaint processes are different.