If you have paid an immigration professional to help with your Australian visa application and something has gone seriously wrong, you may wonder what you can do next. Perhaps the agent failed to provide the services promised, gave you misleading information, charged unexpected fees, kept important documents, or behaved in a way that you believe was unprofessional.
The good news is that Australia has a formal system for dealing with complaints about registered migration agents. The first step is understanding who regulates the professional you are dealing with and what type of complaint you actually have.
If the person is a registered immigration agent in Australia, you can generally complain to the Office of the Migration Agents Registration Authority, commonly known as OMARA. OMARA considers complaints about registered migration agents where there may have been misconduct, a breach of the relevant professional rules, or a failure to meet obligations under the client agreement.
However, not every disappointing visa outcome means an agent has done something wrong. A visa refusal, by itself, does not automatically prove professional misconduct. You need to identify what the agent did or failed to do and support your concerns with evidence.
Who Regulates Migration Agents in Australia?
The Office of the Migration Agents Registration Authority, or OMARA, regulates registered migration agents in Australia. It is part of the Australian Government's Department of Home Affairs.
OMARA can investigate complaints concerning registered migration agents and can take disciplinary action where appropriate. It does not, however, act as a general immigration advice service for clients.
A registered migration agent should have a Migration Agent Registration Number, commonly called a MARN.
You can use the OMARA register to check whether a person is registered and to find information about their registration.
This distinction is important because the correct reporting pathway depends on who provided the immigration assistance.
Check Whether the Agent Is Registered
Before making a complaint, find out whether the person is actually registered with OMARA.
Search for the person's name, business name, or MARN using the official register. If the person appears on the register, you can normally use OMARA's complaints process if you believe they have breached their professional obligations.
Keep a screenshot or record of the information you find if you believe it may be relevant to your complaint.
What If the Person Is Not Registered?
The situation is different if someone is providing immigration assistance without the required authority.
If you believe an unregistered person is unlawfully providing immigration assistance, the Department of Home Affairs says you should report the matter through its Border Watch program.
This can be particularly important where someone is advertising themselves as an immigration professional, taking money for visa assistance, or making promises about Australian visas without appropriate authority.
Do not assume that every person who helps with immigration matters will appear on the OMARA register, though. Australian legal practitioners can lawfully provide immigration assistance without being registered migration agents, so you may need to consider whether the person is operating as a lawyer rather than an RMA.
When Can You Report a Migration Agent?
OMARA does not investigate every disagreement between a client and an agent.
The complaint needs to concern something that the agent did wrong. For example, OMARA explains that a complaint may be relevant when an agent has failed to do what was agreed in the contract or has breached the Code of Conduct for registered migration agents.
Potential concerns can include issues involving the agent's conduct, misleading advertising, refunds, disputes, or the return of documents.
The current OMARA complaint form specifically provides categories including agents' conduct, misleading advertising, refunds, resolving disputes, return of files or documents, and other concerns.
Examples of Problems Worth Documenting
Suppose an agent promised to complete particular services under a written agreement but did not provide them.
That is worth documenting.
Likewise, if you believe the agent gave you misleading information about your visa eligibility, made inaccurate claims in advertising, failed to communicate important information, or mishandled your documents, record exactly what happened.
Financial disputes should also be documented carefully.
Save invoices, receipts, bank records, contracts, and written communications. Do not rely only on your memory, especially if the matter has been continuing for several months.
Try to Resolve the Issue First
Before submitting a complaint to OMARA, the official guidance recommends trying to resolve the problem directly with your registered migration agent.
This does not mean you should accept serious misconduct or delay reporting something urgent.
For an ordinary service dispute, however, giving the agent an opportunity to respond can sometimes solve the issue quickly.
Write to the agent rather than relying only on telephone conversations.
Explain what went wrong, identify the relevant part of your agreement if possible, and clearly state what you want them to do to resolve the issue.
For example, you might request clarification, the return of documents, an explanation of a fee, or correction of an administrative mistake.
Keep a copy of your message and any response.
Why Written Communication Matters
Written communication creates a timeline.
Instead of saying, "The agent never helped me," you can show the dates on which you contacted the agent, what you asked, and what response you received.
That makes your complaint much easier to understand.
It also allows OMARA to assess the situation using actual evidence rather than conflicting memories.
Check Your Contract Carefully
Your contract with the registered migration agent can be one of the most important documents in your complaint.
OMARA explains that a registered migration agent must provide a written contract setting out the services they will provide and the fees they will charge.
Read the agreement carefully.
Look for the exact services included, professional fees, government charges, payment arrangements, refund provisions, communication arrangements, and any limitations.
Compare what you were promised with what you actually received.
This distinction can matter significantly.
If the agent performed the services specified in the agreement and charged the agreed fees, OMARA may not be able to act simply because you are unhappy with the result.
Gather Evidence Before Filing the Complaint
Do not start the complaint form before collecting your documents.
OMARA's online complaint process asks complainants to provide supporting information and documentation. The official guidance lists documents such as the agent's details, contract, receipts, Department of Home Affairs correspondence, communications with the agent, and other supporting material.
Useful evidence can include:
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Your signed service agreement
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Tax invoices
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Receipts
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Bank payment records
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Emails
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Text messages
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WhatsApp conversations
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Letters from the agent
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Letters from the Department of Home Affairs
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Visa application documents
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Copies of advertisements
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Relevant screenshots
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Records showing important dates
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Previous complaints made directly to the agent
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The agent's responses
Keep the original files whenever possible.
Do not edit screenshots in a way that removes important context.
Create a Simple Timeline
A timeline can make a complicated complaint much easier to understand.
Start with the date you hired the agent.
Then list important events in chronological order.
For example:
You signed the agreement on 5 March.
You paid the professional fee on 6 March.
The agent requested documents on 8 March.
You supplied them on 10 March.
The agent said the application would be lodged by 20 March.
You followed up on 25 March.
You discovered that the application had not been lodged.
This type of timeline allows the investigator to understand the issue without having to reconstruct the entire story from hundreds of messages.
How to Submit a Complaint to OMARA
If you decide to proceed, OMARA provides an online complaints form for complaints about registered migration agents.
You should have your supporting documents ready before starting because the online form may not allow you to save the complaint and return to it later.
The form asks for information about the nature of the complaint, background information, your details, complaint details, supporting documents, and a declaration.
Be factual.
Explain what happened, when it happened, who was involved, what you paid, what the agent promised, and why you believe the conduct was improper.
Avoid filling the complaint with insults or emotional statements.
You can explain how the situation affected you, but the strongest complaint normally focuses on specific facts and evidence.
Should You Give Permission to Share Your Complaint?
This is an important part of the OMARA process.
The complaints form asks for permission to provide the complaint information to the migration agent. OMARA explains that without permission to provide the details, it may not be able to investigate the complaint fully.
In cases where disciplinary action may be appropriate, the agent generally needs to be given an opportunity to respond to the allegations.
If you have genuine confidentiality concerns, explain them to OMARA.
Do not simply leave important information out because you are worried about the agent seeing it. Instead, understand how confidentiality may affect the investigation and communicate your concerns through the appropriate process.
What Happens After You Complain?
Submitting a complaint does not necessarily mean the agent will immediately be punished.
OMARA assesses complaints and determines what action, if any, is appropriate.
Depending on the circumstances, a matter may be handled informally or may progress to a more formal investigation. The agent may be given an opportunity to respond.
The regulator can consider relevant information and determine whether the conduct involved a breach.
Possible outcomes can include action designed to improve the agent's practice or disciplinary action where appropriate.
OMARA also publishes activity reports containing information about registered migration agents, complaint outcomes, and sanctions.
Will the Agent Be Punished?
Not necessarily.
A complaint is an allegation that needs to be assessed.
OMARA may find that there was a breach, but it may also find that there was no breach or that the matter does not fall within its jurisdiction.
This is why evidence matters.
A complaint supported by a signed contract, receipts, emails, dates, and clear examples is much easier to assess than a complaint consisting only of general accusations.
Can OMARA Get Your Money Back?
This is one of the most important points to understand.
OMARA does not have the power to order a registered migration agent to refund your fees or compensate you for financial losses.
If your main problem is a refund dispute, you may need to pursue the issue directly with the agent or consider the appropriate court or tribunal in your state or territory.
You can still report professional misconduct where relevant.
Just understand that a regulatory complaint and a private financial recovery claim are not necessarily the same thing.
What If Your Visa Application Is Still Pending?
If your visa application is still being processed, you may be worried that complaining about your agent will damage your application.
OMARA specifically states that lodging a complaint about a registered migration agent will not affect a visa application lodged with the Department of Home Affairs.
However, if your complaint reveals an urgent problem with your actual visa application, you should not assume that the OMARA complaint itself will fix the immigration matter.
OMARA does not process visa applications and cannot grant you a visa.
You may need to contact the Department of Home Affairs or obtain independent professional advice about the visa issue itself.
What If the Agent Made a Serious or Criminal Mistake?
Some situations go beyond ordinary professional complaints.
If you believe a registered migration agent has participated in criminal conduct, OMARA advises reporting the matter to police and also submitting a Border Watch report.
For suspected unlawful immigration assistance, Border Watch is also the relevant reporting pathway.
The Department asks people making Border Watch reports to provide as much credible and relevant information as possible. Reports are assessed for information on which the Department can act.
If you believe there is an immediate threat to someone's safety or another urgent criminal matter, contact the appropriate emergency or law-enforcement service rather than relying only on an online immigration report.
Common Mistakes to Avoid When Reporting an Agent
One common mistake is submitting a complaint without reading the contract.
Your contract tells you what the agent actually agreed to do.
Another mistake is confusing a visa refusal with professional misconduct.
An agent cannot guarantee that the Department will approve your application. If the visa was refused and the agent followed the agreed process correctly, the refusal alone may not create grounds for an OMARA complaint.
A third mistake is losing evidence.
Do not delete messages simply because the dispute has become stressful.
Save important emails and conversations in a safe location.
Finally, avoid exaggerating.
If you make a claim, explain the evidence supporting it. A clear, honest complaint is generally more useful than a long complaint filled with assumptions.
Can You Complain If You Are Outside Australia?
Yes, the fact that you are outside Australia does not automatically prevent you from raising a complaint about a registered migration agent.
You can use the relevant online complaint process and provide your supporting documentation.
If the dispute involves recovering money and you are outside Australia, additional consumer-protection or legal options may need to be considered depending on the circumstances. OMARA itself explains that it cannot order an agent to provide a refund.
Should You Get Independent Immigration Advice?
If your immigration situation is still active, getting independent advice may be sensible, particularly if you believe your previous agent made a serious mistake.
For example, you may need to understand whether a deadline is approaching, whether another application can be lodged, whether a review option exists, or whether your immigration status has been affected.
Do not wait for an OMARA complaint to resolve an urgent visa problem.
The complaint process deals with the agent's conduct. It does not replace the separate process for dealing with your visa application.
A Practical Checklist Before You Report
Before submitting your complaint, check that you have:
Agent Information
Confirm the agent's full name, business details, and MARN if applicable.
Contract
Locate the written agreement showing the services and fees.
Payment Records
Collect invoices, receipts, bank transfers, and other proof of payment.
Communication
Save emails, messages, letters, and other written communication.
Department Correspondence
Keep relevant letters and notices from the Department of Home Affairs.
Timeline
Write down the important dates and events in order.
Complaint Explanation
Clearly identify what the agent did or failed to do and why you believe it was wrong.
Supporting Evidence
Attach documents that directly support your claims.
Taking these steps before filing can make the complaint clearer and more complete.
Conclusion
Reporting a migration agent in Australia is a formal process, and the right approach depends on the nature of the problem. If you believe a registered migration agent has breached their professional obligations or failed to provide services agreed in the contract, OMARA is generally the appropriate regulatory body to consider the complaint.
Start by checking the agent's registration status and reviewing your contract. Then collect your evidence, including receipts, emails, messages, Department correspondence, advertisements, and other relevant documents.
Where possible, try to resolve an ordinary dispute directly with the agent before making the complaint. If that does not work, use the official OMARA online complaint process and provide a factual explanation supported by evidence.
If the person is not a registered migration agent and you believe they are unlawfully providing immigration assistance, the reporting pathway is different. The Department of Home Affairs directs people to Border Watch for suspected unlawful immigration assistance. Serious suspected criminal conduct may also need to be reported to police.
Most importantly, remember that complaining about an agent is not the same as challenging a visa decision. OMARA can deal with relevant professional conduct issues, but it cannot grant your visa, change a Department decision, provide legal aid, or order an agent to refund your money.
A well-prepared complaint should therefore focus on facts: what you were promised, what you paid, what actually happened, when it happened, and what evidence proves your concerns. That approach gives the regulator the clearest possible picture of the situation and helps separate a genuine professional-conduct issue from an ordinary disagreement or disappointing visa outcome.