Reporting an RMA

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Reporting an RMA

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Old 06-30-2019, 03:13 PM
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Reporting an RMA

If you have an issue with an RMA there is a portal on the DHA website to report them:

Make a complaint about an agent

If you decide to make a complaint to us about your registered migration agent, you will need to complete our online complaints form. You cannot save the form to complete it later, so you should make sure you have all the documents you need to support your complaint before you start filling out the online form. Write a summary of your complaint before starting your online form. You can then just upload it as a Word document, or copy your summary into a text field. Examples of information you should provide are:

Checklist Ė information needed to lodge your complaint

The agentís name, address and Migration Agent Registration Number (MARN)
Agreement for Services and Fees (contract)
Receipts or proof of payment
Correspondence from the Department, such as a decision record or emails about your case
A copy of complaint letters or emails sent to your agent and their response
Letters or emails you have to support your complaint
A written summary of your complaint

Before we investigate your complaint, we must have your permission to tell your agent about your complaint and to provide your name and copies of all of documents you submitted to us as part of your complaint. You must give your permission in the online complaints form before you submit it to us.

If you are acting as the representative for a complainant, you will need to provide a signed declaration from the complainant authorising you to act on their behalf. You can download a complainantís declaration from the OMARA website.
Complainants declaration - authorising representative (529KB PDF)

Be careful of unlawful operators pretending to be registered migration agents. Always check this website to make sure you are using a registered migration agent. It is important to note the OMARA can consider complaints about registered migration agents only. If you know of an unlawful operator providing immigration assistance, report them to the Department of Home Affairs using the Border Watch online report.
Border Watch online report

What happens after I make a complaint to the OMARA about my agent?

We acknowledge your complaint by email once it is successfully submitted.
When your complaint is allocated to a case officer, they may contact you for more information or start to investigate your complaint based on the information you have provided.
We contact the agent to see how we can solve the complaint. How we do this depends on why you made the complaint and how serious it is. If your complaint is straightforward (for example, asking that documents be returned to you), we will telephone your agent and ask for a response. If your complaint is more serious (for example, concerns about your agentís conduct), we will contact the agent in writing and ask for a response.
The officer assigned to your case then decides if the Code of Conduct has been breached by your agent and, if so, what action is needed.

Resolving disputes with your agent

Average Processing Times

Many complaints are complex and take considerable time to investigate and finalise.

The majority of complaints are finalised within six to 12 months.

Complaint button

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  #2 (permalink)  
Old 06-30-2019, 07:11 PM
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Join Date: May 2018
Posts: 110
Please update your flag here .

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From the DHA website:

What to expect from your agent
Advice on your options

Registered migration agents have detailed knowledge of migration law and procedure. They can give you an honest assessment of your situation and tell you about your visa options. An agent can only do this if you give them all the information they need.

Once you have chosen the best visa option, your agent will confirm this in writing.

Contract and fees

Once the agent has agreed to help you, they will give you a written agreement with details of their services (contract) and how much they will charge (fees).

Your contract will list the type of visa you are applying for, example; Student visa (subclass 500).

Your contract will also list the fees you will be charged for each service or each hour worked. Your agent has to include other items you might have to pay for, such as:

an application fee to the Department of Home Affairs (the Department)
an application fee to the Migration and Refugee Division of the Administrative Appeals Tribunal
costs for medical assessments
costs for skills assessments.

Your contract must also tell you when you need to pay and how.

You need to read your contract carefully before you agree to it and sign it. When you have agreed that the agent will help you, you become their ‘client’.

Code of Conduct

All agents must follow the Code of Conduct for registered migration agents (the Code). This means the agent must meet the obligations set out in the Code. Your agent will provide you with a copy of the Code if you ask for it.

Consumer Guide

When you sign a contract, your agent must give you a copy of the Consumer Guide. The Consumer Guide includes a summary of the Code, what you can expect from your agent, what the Office of the Migration Agents Registration Authority does, and how you can complain to us if you need to.

Your relationship with your agent

Your agent is working for you, but they need your help to do so. You need to cooperate with your agent and respond to any reasonable requests they make.

You need to know that your agent must give the Department or the Migration and Refugee Division of the Administrative Appeals Tribunal all the information they need to decide your visa application.

After your application is lodged, your agent might need to provide more information to these organisations by a specific date. If this is not provided in time, your application may be refused. So you need to respond quickly when your agent asks you for information or documents.

Your agent should provide you with details of how you can contact them during normal business hours. They do not have to be available outside of normal business hours.

Progress reports

Your agent must let you know in writing about the progress of your application. Some applications can take longer to process so there will be times when your agent has nothing to tell you.

Talk to your agent about how much time it might take and what the steps will be, so you know what to expect.

Your agent must write to you about the outcome of your application as soon as possible.

Conflict of interest

A conflict of interest occurs when actions or decisions are influenced (or thought to be influenced) by personal factors.

Your agent should not represent you if they have a conflict of interest. Your agent must put your legitimate interests above their own and avoid situations where there is self-interest.

In the following examples of a conflict of interest, the agent is putting their own interest (making money) above the best interest of their client:

Your agent may have an agreement with an education facility where they receive money for each person they refer to that education facility after helping them to obtain a visa. Your agent advises you this is the best education facility for you to attend once you have your visa.
Your agent or a member of their family has money invested in a business. Your agent advises you to invest in that business in order to satisfy certain visa requirements.

If your agent discovers they have a conflict of interest at any time while representing you, they must tell you straight away that they can no longer work for you.

Termination of contract

Your contract can be stopped (terminated) by you or your agent at any time or if you both agree to do so (mutual agreement).

If your agent terminates your contract, they must first give you reasonable written notice.

When your contract is terminated, your agent should provide you with an invoice (a written statement of services) showing the services they performed for you and any money you need to pay for those services.

You are entitled to get back money you paid in advance for fees for services your agent did not provide.

Your agent must return to you, within seven days, any documents that belong to you. However if your agent is a lawyer they can claim a lien (a form of security over an item until a debt is paid) for outstanding fees you need to pay.
Resolving disputes with your agent

Last edited by Aztec; 06-30-2019 at 07:14 PM.

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