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 AAT.
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.
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 on letterhead for a flat $79
What to expect after
Many agents settle promptly because a MARA complaint is reportable and damaging. 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 AAT — not this letter.