Visa refusal lawyer or migration agent: who can help and charge

In Australia, only a registered migration agent or an Australian lawyer can lawfully charge for immigration help. This article explains how to check who you are dealing with, what to ask, and where free help is listed.

In Australia, only a registered migration agent or a legal practitioner (a lawyer who holds an Australian practising certificate) can lawfully charge you for immigration assistance. Home Affairs says this directly, and the ART says the same about representation at the Tribunal. If you are looking for a visa refusal lawyer or a migration agent, the first job is to check which of the two you are dealing with.

This site does not recommend any agent or lawyer, and we are not a migration agent or law firm. This article explains the rules so you can check for yourself. Your decision letter states your time limit, and time can be short, so do not leave the checking until late.

What counts as immigration assistance

The Migration Act defines immigration assistance as using knowledge of migration procedure to help a visa applicant. That includes preparing or helping to prepare an application, advising about it, preparing for court or ART proceedings, and representing someone before a court or the ART.

Some work is not immigration assistance. Purely clerical work, and translation or interpreting, do not count. A person who does only those things does not need to be registered.

Who may give immigration assistance

Section 280 of the Act says a person who is not a registered migration agent must not give immigration assistance, with listed exceptions. The main ones are Australian legal practitioners (but only in connection with legal practice), close family members, and the person who nominates or sponsors the applicant. Parliamentarians, officials and certain diplomatic staff are also exempt.

Charging is stricter than helping. A person who is not a registered agent must not ask for or receive a fee or other reward for immigration assistance, and the penalty is up to 10 years in prison. A lawyer acting in connection with legal practice is the exception. An unregistered person who charges also cannot sue to recover the fee.

OMARA's own pages use slightly different wording in different places. One says only a registered agent can lawfully provide migration advice, and another lists registered agents, legal practitioners and exempt persons. The Act matches the second. So the accurate summary is registered migration agents and Australian lawyers, plus unpaid exempt people such as close family.

Migration agent or migration lawyer: the practical difference

A registered migration agent is listed on the Register of Migration Agents, is bound by the Migration Agents Code of Conduct, and complaints go to the Office of the Migration Agents Registration Authority (OMARA). A lawyer holds a state or territory practising certificate, is not on the Register, is bound by legal profession law, and complaints go to the state or territory legal services regulator. OMARA cannot consider complaints about lawyers.

Both can lawfully charge. Neither can guarantee a visa or fast-track processing. For a longer comparison, see migration agent versus migration lawyer.

How to check a registered migration agent

Search the Register of Migration Agents on the OMARA portal. You can search by given name, family name, migration agent registration number (MARN), business name or business location. OMARA says to check the Register even if someone recommends an agent, because people pretend to be registered. A correct search with no result means the person is not registered.

Agents must show their MARN on correspondence and business cards, and a business website must show the MARN of at least one registered agent in the business. Agents who have been cautioned or suspended stay on the Register with a note, while cancelled or barred agents are removed. A list of disciplinary decisions is also published by OMARA. See how to check a migration agent is registered.

How to check a lawyer

Lawyers generally do not appear on the Register of Migration Agents. To check a lawyer, use the state or territory legal professional body where they practise, and ask to see their practising certificate details. Home Affairs has a page on using a legal practitioner that points to the Law Council of Australia directory and the state and territory professional bodies, and OMARA cannot consider complaints about lawyers.

What to ask before you agree

The Code of Conduct sets out what an agent must give you. These are good questions to ask any agent or lawyer, and you can see how a good answer should look from the rules below. See questions to ask before hiring a migration agent.

Are you a registered migration agent (what is your MARN) or an Australian lawyer with a practising certificate?
Will you give me a written service agreement to read before I sign? An agent must have a signed agreement before giving immigration assistance, and cannot take fees before it is in force, apart from a permitted initial consultation.
Is the fee fixed, or hourly with an estimate of the time? The Code requires fees to be either an hourly rate with a reasonable time estimate or a fixed amount, GST included, and fair and reasonable.
What other costs will there be, such as visa charges or the ART fee, and are they estimated in writing?
What is the refund policy? The agreement must include one, and refunds owed must be paid no later than 14 days after they become payable.
Where will my money be held? Client money must be kept in a separate account.
Who will actually do the work, and how will I be told when something is lodged?

Be careful with anyone who tells you they can guarantee a visa or fast-track one. Home Affairs says a provider who does so is lying and may be trying to scam you. The Code also bars an agent from saying they can procure a particular decision. See migration agent fees and written agreements.

What it costs

No official fee range is published. Neither OMARA, Home Affairs nor the Code gives a schedule or typical amounts. OMARA says fees depend on the visa type, the time needed and the services you want, and must be fair and reasonable. Lawyers usually charge on fixed or time-based terms, and different lawyers charge different amounts. Any dollar figure you see on a website that calls itself typical is not an official figure.

The ART fee is separate from what you pay a representative, and the ART says it cannot pay for any of those costs. See what a visa refusal appeal costs. For tips on specific situations, see the ART appeal lawyer guide and guides on hiring a lawyer for a cancellation, a partner visa refusal, a student visa refusal or a section 501 decision.

Free and low-cost help

The ART lists legal aid commissions and community legal centres that may be able to give independent help, along with law society pro bono schemes and, for protection visa reviews, funded refugee and immigration legal services. The ART cannot recommend a particular person or organisation, and it cannot give advice on your case.

Eligibility is narrow in many places. For example, Legal Aid NSW says its immigration service covers matters such as protection visa refusals, visa cancellations and detention, and does not cover student, visitor or economic stream visas. Some registered migration agents work for non-commercial organisations that do not charge, but their services are not available to everyone. Look at free and low-cost help after a visa refusal and representing yourself at the ART. You can also deal with the ART directly if you wish.

If something goes wrong

OMARA can look into whether an agent broke the contract or the Code and can caution, suspend, cancel or bar an agent. It cannot get you the visa, order a refund or order compensation. For money disputes, OMARA says to seek help from a tribunal or local court. If your agent did nothing wrong and the visa was refused, a complaint will not succeed. For a lawyer, complain to the state or territory legal services regulator. Home Affairs says a complaint will not affect your visa application. You can report unregistered operators to Border Watch and suspected scams to Scamwatch.

The limits of this page

This is general information, not legal advice. It does not say you need a lawyer or agent, and the ART says you can deal with it directly. Whichever way you go, your decision letter states your review rights and time limit, and a registered migration agent or Australian lawyer can look at your own documents. See also what to do after a visa refusal.