Australia MARA Complaint Response

The situation

Mei-Lin, 45, runs a sole-practitioner registered migration agent practice in Sydney. She has been registered with OMARA since 2014, processes approximately 40 visa applications per year, and has had no prior complaints. In February 2026 she received an OMARA section 309 notice: "The Authority is considering suspending your registration for 2 years on the basis that you have failed to act in your client's best interests" in relation to a complex partner visa matter that was ultimately refused by the Department.

What Mei-Lin doesn't know: (a) OMARA's sanctions must be proportionate. A first-time complaint, 12 years of clean registration, and a complex visa matter where refusal was attributable to Department policy changes (not agent error) are significant mitigating factors that must be explicitly presented. (b) The Code of Conduct obligation (Schedule 2, Migration Agents Regulations 1998) that OMARA is alleging she breached, "acting in the client's best interests", has a specific regulatory meaning that includes contemporaneous file notes showing her advice process. (c) The migration law solicitor she called quoted AU$7,500 for representation.

Who receives this

Australian registered migration agents (sole practitioners and small practices) who receive OMARA section 309 notices proposing caution, suspension, or cancellation. Primary: sole-practitioner RMAs (the most common OMARA registrant type, with limited access to legal resources). Secondary: small MARA-registered agencies with 2-5 agents.

Why the agency will not advise you

OMARA cannot advise agents on how to structure their submissions against its own investigation or proposed sanctions. The OMARA "If a complaint is made against you" guide explains the investigation process but provides no drafting strategy. Migration law solicitors charge AU$3,000–$10,000 for complaint response representation, significant against a sole-practitioner RMA's typical income of AU$60,000–$100,000/year. The 2022 ANAO audit confirmed ongoing gaps in OMARA oversight consistency, meaning the regulatory environment is tightening: more RMAs will face complaints as OMARA improves its complaint processing.

Key facts, with sources

• The Office of the Migration Agents Registration Authority (OMARA) regulates approximately 6,000 registered migration agents (RMAs) in Australia. OMARA receives an estimated 400–600 complaints per year. Complaints are processed either informally or through a formal investigation under s.308 of the Migration Act 1958. Throughout investigations, OMARA issues notices under section 309 advising that it is considering cautioning, suspending or cancelling the agent's registration, and inviting written submissions in response. The Migration Agents Code of Conduct (Schedule 2 of the Migration Agents Regulations 1998) is the benchmarking framework for all FTP assessments. Sanctions range from a formal caution (lowest) through suspension for up to 5 years to permanent cancellation of registration. Source: If a complaint is made against you — OMARA · Complaint outcomes — OMARA · Make a complaint about a registered migration agent — OMARA
• A 2022 ANAO (Australian National Audit Office) performance audit examined the Department of Home Affairs' regulation of migration agents and found ongoing gaps in OMARA's complaint handling, processing consistency, and outcomes reporting. Regulatory scrutiny of migration agents has increased in the context of Australia's post-COVID immigration surge (record net overseas migration in 2022–24). The OMARA Self-Service Portal (portal.mara.gov.au) provides agent registration management tools (renewing registration, updating details, CPD recording) but does not provide any complaint response drafting capability. Source: Department of Home Affairs' Regulation of Migration Agents — Australian National Audit Office · OMARA Self-Service Portal — OMARA · Office of the Migration Agents Registration Authority — OMARA

When to bring in a professional

Self-serve responses fit routine cases: clear facts, amounts a business can absorb, and a deadline still ahead of you. Bring in a licensed professional when the amount at stake is large relative to their fee, the facts are genuinely disputed, criminal exposure is possible, or the deadline has already passed. A short paid consultation to sanity-check your plan is often worth it even when you handle the filing yourself.

All sources for this guide

1. If a complaint is made against you — OMARA
2. Complaint outcomes — OMARA
3. Make a complaint about a registered migration agent — OMARA
4. Department of Home Affairs' Regulation of Migration Agents — Australian National Audit Office
5. OMARA Self-Service Portal — OMARA
6. Office of the Migration Agents Registration Authority — OMARA