Consumer protection
Once registered, an agent must practice in accordance with a Code of Conduct which is incorporated in Australian migration law. The Code is available on the MARA website www.themara.com.au.
The MARA can help consumers with finding an agent and advice about the fees that agents might charge. It may also be able to help if you have a dispute with an agent. If you do not use a registered migration agent, the MARA can’t help you with any problems you may have with them.
However, the MARA cannot offer advice or assistance with visa applications.
If you are dissatisfied with the service you receive or feel your RMA has breached the Code of Conduct, you can lodge a complaint with the MARA and it will be thoroughly investigated.
Where agents are found to be dishonest, incompetent or in breach of the Code of Conduct, they can be cautioned, sanctioned or their registration can be cancelled.
It is important to note that the MARA does not have the power to award damages or determine compensation, impose a penalty or fine, impose criminal sanctions or give legal advice.
The MARA has no jurisdiction over unregistered migration agents operating either in Australia or overseas, unless the agent has been registered with the MARA in the 12 months preceding receipt of the complaint.
Choosing your agent
Your best protection is to ensure that you use a registered migration agent. Ask your agent for their Migration Agents’ Registration Number (MARN) and if in any doubt ask to see a copy of their Registration Certificate.
If you don’t have a recommended migration agent to help you with your visa application, you might want to look around.
To help you decide which agent to use, you could ask agents about their experience in the type of visa you are applying for, the type of service they will provide for you and how much that service will cost.
You should also ask how long it will take to get the type of visa you want to get and what their success rate has been.
When you have chosen your migration agent, you should sign a fee agreement with them that outlines the services they will provide for you and what you will be charged for those services.
This should include a fixed or hourly fee for the service as well as other expenses such as translation costs, telephone calls, postage, reports and visa application fees.