A migration agent is someone who can provide you with migration services, including assistance to apply for a Protection visa. A migration agent has to be registered with the Office of the Migration Agents Registration Authority (MARA) as a migration agent. A registered migration agent can also be a practising lawyer but not all registered migration agents are lawyers. A person does not have to be a practising lawyer to be registered as a migration agent.

The Office of the Migration Agents Registration Authority (Office of the MARA) is responsible for:

• Making sure only suitable people are registered as migration agents
• Making sure registered migration agents keep up to date with the law so that they can give people the right advice
• Making sure that people who use migration agents understand their rights and that migration agents understand their responsibilities
• Handling all complaints about migration agents

The Office of the MARA has a lot of helpful information on their website about migration agents and what to expect from them. If you would like to visit the website of the Office of the MARA, you can do that by clicking here.
Some of the information on the MARA website has been translated from English into other languages. You can click here to see the page on the MARA website which has information in other languages.

All migration agents must be registered with the MARA if they are giving you immigration advice and assistance. This is so that the MARA can make sure that all migration agents do the right thing when they are assisting you. The MARA has developed a code of conduct which all registered migration agents must follow. You can find a copy of the code of conduct on the MARA website if you click this link.

The MARA has also developed a consumer guide which you should read to help you understand what to expect from a migration agent and what a migration agent should and should not do. You can find a copy of the consumer guide on the MARA website if you click here.

You do not need a migration agent to apply for a Protection visa – you can apply yourself but it can be a good idea to ask a migration agent to help you. A migration agent can help you to understand what is required by the Department of Immigration and Citizenship (DIAC) for your application. A migration agent can also give you advice before you apply about whether a Protection visa is the right visa option for you.

There are 3 ways that a migration agent can assist you with your application:

1. Your migration agent can charge you for their services directly.
2. Your migration agent can be a registered Immigration Advice and Application Assistance Scheme (IAAAS) provider.
3. Your migration agent can assist you on a “pro bono basis”. This means that the migration agent will not charge you or receive any financial benefit for helping you.

If you are eligible under IAAAS then you will not have to pay your migration for their services. The migration agent’s fees will be paid for you by the Australian government. Not everyone is eligible for help under IAAAS. There are guidelines about who is eligible. For more information about IAAAS see “What is IAAAS?” below.

If your migration agent charges you for a Protection visa application, there is no fixed price for the application. Most migration agents charge between $1,500 and $4,500 to assist with a Protection visa application. For more information about how much it costs to use a migration agent please click here.

If your migration agent is charging you for the service they must charge you a reasonable fee, and tell you exactly how much this fee will be before starting to work on your application.

If the fees will change for any reason, including any additional costs for translation, photocopying or accessing medical reports, you must be told about this in writing as soon as possible and asked to sign an additional written agreement giving your permission for these costs to be incurred.

There is more information about what to expect when your migration agent is charging you in the MARA Code of conduct which registered migration agents have to follow. You can find it on the Office of the MARA website by clicking here.

The quality of the work on your case and the advice you will receive does not always depend on the amount you pay for a migration agent. Some very skilled migration agents will assist with applications for Protection visas for a limited fee or without any charge. Paying for a migration agent or paying higher fees for a migration agent does not mean that you have more chance to get a Protection visa. The DIAC makes the decision about whether you get a Protection visa. Your migration agent can just help you to prepare your application.

IAAAS is the Immigration Advice Application Assistance Scheme that exists to provide free immigration assistance to vulnerable visa applicants. IAAAS assistance by a migration agent can cover:

• General advice about your migration situation.
• Help to complete and submit a visa application.
• Talking to the DIAC for you about your case.
• Advice about a complicated immigration issue.

Only registered IAAAS providers can provide free services to you under the IAAAS scheme. There are 22 IAAAS providers who can provide services under IAAAS. You can find a list of IAAAS providers if you click here. For more information, see “Can I get help with my application through IAAAS?” below.

If you are in detention and you are applying for a Protection visa then you can automatically get assistance under IAAAS. An IAAAS migration agent will be chosen for you to help you with your case. If you are in the community then you may be able to get help under IAAAS if you are “disadvantaged”. According to the IAAAS rules you are disadvantaged if you are not in a good financial situation and you don’t have money to pay a migration agent. Your situation must also meet some other criteria for you to be to able to get free help under this scheme. Please click here for more information about IAAAS, and who IAAAS is for.
If you are eligible for IAAAS you can get assistance from an IAAAS provider to make a Protection visa application to the Department of Immigration and Citizenship and to review your case to the Refugee Review Tribunal. You cannot get free help to appeal to the Court or to ask the Minister to intervene in your case through IAAAS.

The Migration Agents Registration Authority (MARA) has a register of all registered Migration Agents on their website. You can search for a registered migration agent on their site. Please follow this link to the MARA migration agents register search page.
They also have information about how to choose a migration agent. Click here for more information about how to choose a migration agent.
For a list of migration agents who can help you with a Protection visa please click here.

If you are not happy with your migration agent’s work, you can take the following steps:

1. Discuss your concerns with them and give them time to resolve the problem.
2. Change to a different migration agent.
3. Make a complaint about the migration agent if you believe they have not acted in accordance with the Code of Conduct.

Making a complaint against a migration agent does not have any negative impact on your visa application. To make a complaint you need to fill in the complaints form issued by the office of the MARA. You can find the complaints form and more information about making a complaint on the MARA website by clicking here.

Unfortunately people sometimes do the wrong thing and they might be giving you migration assistance without being registered. If you find out that your migration agent is not registered you can report this to the MARA by telephone by calling 1800 009 623.

The Department of Immigration and Citizenship has prepared some helpful information to help you avoid being the victim of fraud by someone who is promising to help you with your immigration matter. You can find the information if you click this link.

A migration agent should do ALL of the following:

• Clearly explain to you: the definition of a refugee; the stages of the refugee process; costs involved with the process; and the challenges and difficulties of seeking protection.
• Help you with your Protection visa application forms.
• Help you to prepare your statement of claims and to gather independent evidence in full detail for your application. Your statement of claims should include a lot of detail. If it is less than 5 pages long you should check to make sure that all the important information about your case has been included.
• Take time to help you make sure all the information you provide is correct.
• Give you time to read and understand all documents before you sign them.
• Make sure anything you sign is read back to you and if you don’t speak English that it is translated for you before you sign.
• Keep you informed of the progress of your application.
• Provide all information in a language that you understand and provide a translator if you do not understand the information in English.
• Keep all of your information confidential.
• Make sure you are aware of all possible outcomes in the process.
• Always give you realistic advice about whether your case will succeed.
• Come with you to the DIAC interview or Refugee Review Tribunal (RRT) hearing and possibly speak on your behalf to help explain how your story fits into the Refugee Convention.
• Make sure that your forms are lodged within all time limits to ensure you remain lawful and do not lose any of your legal rights.
• Communicate to you any important information from the DIAC or the RRT.
• Help you to understand your current visa conditions and entitlements.

A migration agent should NEVER:

• NEVER guarantee that they can get you a visa.
• NEVER encourage you to lie or change your story. This can be very damaging to your case.
• NEVER keep your original documentation if you want it back e.g. passports.
• NEVER take your statement without using an interpreter, unless you are fluent in English.
• NEVER write the statement on your behalf without you being present.
• NEVER ask you to sign any document without having read through with an interpreter or good English
• NEVER request your labour or other favours in order to assist with your Protection visa claim.
• NEVER threaten you with reporting you to the DIAC or the police.
• NEVER fail to come to interviews with you if the written agreement states that they will attend.
• NEVER tell you not to go to your DIAC interview or RRT hearing.
• NEVER tell anyone in your community about your refugee claims unless you have given them permission
• NEVER threaten to send you back home to your country if you do not pay them more money.