You paid a registered migration agent to prepare and lodge a visa application. The lodgement didn’t happen, the deadline was missed, the application was botched in a way that wasted your fees, or the agent went silent. This article covers the fees and service dispute. The visa outcome itself is a separate matter for the Department of Home Affairs and the Administrative Review Tribunal.
The legal context
Registered migration agents must hold registration with the Office of the Migration Agents Registration Authority (MARA) under the Migration Act 1958. They are bound by the Code of Conduct for Registered Migration Agents, which covers competence, diligence, fees, and confidentiality. Lawyers acting in immigration matters are regulated by their state legal services commissioner.
On top of MARA regulation, the Australian Consumer Law applies — section 60 (due care and skill), section 61 (fitness for purpose) and section 18 (misleading conduct) all reach migration services supplied to Australian consumers.
Common pushbacks and why they fail
- “Fees were earned on engagement.” Fees billed for work not done are recoverable.
- “The Department was the problem.” The agent’s duty was to perform their part with due care and skill.
- “You signed the engagement and fee schedule.” Engagement terms cannot exclude the Code of Conduct or ACL guarantees.
- “Visa outcomes are not guaranteed.” True, but service quality is.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
The Letter of Demand approach
The Letter of Demand identifies the engagement, the fees paid, the specific service failure, and cites the MARA Code of Conduct alongside the ACL. It demands a refund or partial refund within 14 days and names the escalation: a MARA complaint, your state Fair Trading body, and the relevant tribunal.
What Claim Done delivers
- Agent details, MARA registration number, fees paid
- The specific failure
- Citation of the MARA Code of Conduct and ACL sections
- Refund or fee adjustment claimed
- 14-day deadline with full escalation path named
- Sent as a PDF for a flat $49
What to expect after
If the agent does not respond, escalate to MARA, your state Fair Trading body, and file a small claims application in NCAT, VCAT, QCAT or equivalent. For the visa decision itself, the path is the Department’s review process and the Administrative Review Tribunal — not this letter.
Send a formal Letter of Demand. Done in about 5 minutes.
No card until the end. No subscription.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.