In Australia, it is illegal for anyone who is not a Registered Migration Agent (RMA), a legal practitioner, or an exempt person to provide immigration assistance for a fee. Using an unregistered operator puts your visa application, your finances, and your future in Australia at significant risk.

If you suspect that someone is operating illegally as an migration agent in New South Wales (NSW) or anywhere in Australia, you have a duty to report them to protect other vulnerable applicants.

How to Report Illegal Immigration Assistance

Because the regulation of migration agents is a federal matter, you do not report these individuals to a state-based agency like Fair Trading NSW. Instead, you must report them to the Department of Home Affairs.

1. Use the Border Watch Online Form

The primary way to report suspicious immigration activity is through the Border Watch portal. This is a secure, confidential channel used by the Department to investigate illegal operators.

• Where to report: Access the form via the Department of Home Affairs Border Watch website.
• What to provide: Provide as much detail as possible, including:
  • The name and contact details of the person or business.
  • Any website links, email addresses, or social media pages they are using.
  • Details of any money you paid, including receipts or bank transfer records.
  • Copies of any “contracts” or emails they sent you.

2. Report Scams via Scamwatch

If you have been targeted by a migration scam, you should also report the incident to the ACCC’s Scamwatch. While they may not investigate the immigration law breach directly, they track scam patterns and can provide you with additional consumer protection advice.

Red Flags: Identifying Unregistered Operators

Often, victims do not realize they are using an unregistered agent until it is too late. Be alert if you see these common warning signs:

• No MARN: They do not display a Migration Agent Registration Number (MARN) on their website, business cards, or emails.
• Promises of Guarantees: They claim they can “guarantee” your visa will be granted. No legitimate agent can make this promise, as only the Department of Home Affairs makes that decision.
• Cash-Only Payments: They insist on cash-only payments and refuse to provide a formal tax receipt or a written contract.
• Lack of Professional Presence: They do not have a physical office address and prefer to meet in public places like cafés or pubs, or they only communicate via mobile phone and private messaging apps.
• “Too Good to Be True” Offers: They offer shortcuts to PR or “guaranteed” job offers that sound unrealistic.

What to Do If You Are Already a Victim

If you have already paid an unregistered agent and realize they are not authorized, take these steps to protect yourself:

1. Stop Communication: Cease all contact with the individual. Do not provide any further personal documents or money.
2. Contact a Registered Professional: Seek advice from a genuine Registered Migration Agent or an Australian immigration lawyer to review your case. They can help you determine if your visa application can be salvaged or if you need to take corrective action with the Department.
3. Secure Your Identity: If you shared sensitive documents (passport, birth certificate, bank details), consider the risk of identity theft. Monitor your bank accounts and credit report closely.
4. Do Not Pay More: Illegal operators often demand “further payments” to fix “problems” they created. Do not pay these; instead, report them using the Border Watch form mentioned above.

Disclaimer: This guide is for informational purposes and does not constitute legal or migration advice. If you are currently involved with an unregistered agent, please contact a qualified legal professional or a registered migration agent immediately to protect your status in Australia.