The Office of the Migration Agents Registration Authority ('OMARA') is part of the Department of Home Affairs, responsible for registering and regulating migration agents. OMARA ensures agents follow standards and investigates complaints about registered agents. If an agent breaches the code of conduct, OMARA can take disciplinary action. If you have concerns about a migration agent, you can report them to OMARA.
What types of complaints can you make?
Complaints can be made about registered migration agents. The OMARA focuses on complaints about, but is not limited to:
- Breaches of the Code of Conduct: The RMA has acted in a manner that goes against the Code of Conduct for registered migration agents. The Code of Conduct can be found here.
- The registered migration agent not doing what they agreed to do in your contract: An RMA must adhere to the written contract they are obliged to provide you. This must list the services to be provided, and the fees to be charged.
- An unregistered person giving immigration assistance: A person must not provide immigration assistance without registering with the OMARA.
- A registered migration agent has engaged in a criminal matter: An RMA ('Registered Migration Agent') must adhere to professional standards and legal requirements, including not being involved in criminal activities.
Jurisdiction:
The OMARA has the power to act on complaints about the conduct of RMAs, regardless of where the conduct takes place. However, the OMARA has no jurisdiction over unregistered immigration assistance conducted offshore.
Time Limitations:
The OMARA may investigate a complaint at any time about an RMA but only about a former RMA if the complaint is received within 12 months of the person ceasing to be an RMA.
OMARA will not deal with complaints about:
OMARA only has jurisdiction to consider complaints about RMAs. It has no jurisdiction to investigate non-registered immigration assistance – this comes within the purview of the Australian Border Force.
Exercise of discretion:
The OMARA believes it is usually appropriate for the RMA to have the opportunity to address a complaint directly and resolve the issue before it considers getting involved. Your complaint will be dismissed if there is insufficient evidence to pursue the case, the complaint is withdrawn, or the complainant does not provide consent for the complaint to be notified to the RMA who is the subject of the complaint.
Who can you make a complaint against?
You can make a complaint against:
- Registered migration agents: The OMARA has jurisdiction to consider complaints about RMAs.
- Unregistered individuals: You can make a complaint against unregistered individuals giving immigration assistance.
OMARA will not deal with complaints about:
If you encounter an unregistered person providing unlawful immigration assistance, report them to the Department of Home Affairs. As of 22 March 2021, legal practitioners can provide immigration assistance without being an RMA and appearing on the OMARA Register. If your complaint is about a previous RMA who is now a legal practitioner, contact their relevant state or territory professional body.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint to the OMARA about an RMA.
Before you lodge a complaint:
You should try to resolve the issue with your RMA first. The OMARA will allow the RMA to have the opportunity to address a complaint directly and resolve the issue before it considers the complaint.
Can complaints be made on behalf of someone?
You can make a complaint on someone’s behalf so long as they have given consent. This is usually indicated by a declaration form authorising representation that is completed, signed, and submitted as part of the complaint.
What can this body do to help?
This body may provide:
- Refer your complaint to another agency: The OMARA might refer your complaint to another body to investigate, such as:
- Another area of the Department of Home Affairs for migration fraud or unlawful practice
- The police for criminal matters
- The Office of the Legal Services Commissioner for matters that relate to lawyers
- Disciplining the RMA: The OMARA has the power to discipline an RMA for serious complaints, such as if they have breached the Code of Conduct, or if they are not fit and proper to provide immigration assistance. These sanctions include:
- Cautioning the RMA
- Suspending the RMA’s registration
- Cancelling the RMA’s registration
- Barring the RMA from being registered for a period of up to 5 years
- OMARA decides not to discipline the RMA: After an investigation, the OMARA might not discipline an RMA if:
- The OMARA decides your complaint lacks merit
- The RMA resolves the dispute in a way that satisfies both you and the OMARA
- The RMA’s breach of the Code of Conduct was minor and the OMARA decides to give them an opportunity to improve their practice
How to prepare your complaint
Format:
Complaints are lodged via an online form on the OMARA’s “Make a complaint” page. Ensure you have all the relevant documents in advance.
Personal Details:
You cannot choose to lodge your complaint anonymously as the form lists First and Last name, your date of birth, and your email as “required” fields. This information is needed so the OMARA can contact you for more information or start an investigation.
Respondent’s Details:
The first step of the form requires the RMA who is the subject of the complaint to be identified. You can search using the RMA’s name, ID number (MARN), or business name. If you are unable to locate your agent, they may no longer be registered.
Relevant Facts:
You will need to select the option(s) that best describes the nature of the complaint. Provide background details such as:
- Whether you are a client of this agent
- Whether you already tried to resolve your dispute with the agent
- Whether you contacted any other government agents or courts about your complaint
- Whether you dealt with anyone besides the agent
- Whether the agent gave you a service agreement or contract
- How much money you paid the agent, and whether the agent gave you a receipt or invoice
Provide a detailed explanation of the relevant incident(s), which may include:
- A timeline with any key dates
- A description of your concerns about the agent’s conduct
- What you think the agent could have done better
- The name and contact details of any witnesses
What NOT to include:
Do not make false or misleading statements.
Lodging your complaint and next steps:
Where to lodge your complaint:
For complaints about an RMA breaching the Code of Conduct, or breaching the written contract, you can make a complaint via the OMARA’s online complaints form. For complaints about an unregistered individual giving immigration assistance, or an RMA engaging in criminal activity, you can make a complaint through the Border Watch Form.
Receipt:
An email is sent to the email address you provided in the complaint, letting you know that your complaint has been received.
Investigation:
The complaint is allocated to a case officer who will either contact you for more information or start investigating the complaint based on the information you have already provided.
Assessment:
The officer assigned to your case will decide if the Code of Conduct has been breached by your RMA and, if so, what action is needed. You will be sent an email once the case officer has made a decision about your complaint.
Additional information:
The investigation process can take a significant amount of time, depending on the complaint’s nature and complexity. For example, a straightforward matter like the return of documents might be resolved within days. In contrast, a complaint leading to a sanction decision may take more than 12 months.
More information:
Refer to the factsheet provided below for more information.
