Contact the agent
Before lodging a complaint with the OMARA about the fees your registered migration agent has charged, you should follow these steps to attempt to resolve the matter:
Step one - contact the agent
If you believe the fees charged by your agent were too high, unreasonable or that you are owed a refund, you should contact your agent to give them an opportunity to resolve your concern.
Your agent should have written the details of their professional fees in the Agreement for Services and Fees you both signed when your agent first started working with you. When you signed the contract with your agent, you were agreeing to the services and fees listed in the contract. Review the agreement and then refer to parts of it when you talk with your agent. If your agent has provided the services and charged you the fees that you both agreed to, you may not have any grounds to make a complaint.
Step two – determine how to proceed
If you have tried to resolve the issue with your agent but were unable to, these questions may help you to work out what to do next.
- Did the agent provide all the services offered in the Agreement for Services and Fees?
- Were the fees you paid listed in the Agreement for Services and Fees?
- Are you unhappy with the fees because you didn’t get the visa you applied for?
- What did the agent do wrong?
Having a visa refused is not grounds for making a complaint or requesting a refund of fees paid. If the agent did nothing wrong, your complaint will not succeed.
If you think you were overcharged, you may apply to a consumer tribunal to have them consider your claims and make an order for your agent to refund fees. This will depend on whether you are in Australia or overseas.