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Discussion Starter · #1 ·
I had applied 457 visa via a migration agent then after more than 1 year I got refusal decision from immi department . I paid them a huge amount for them searching the sponsorship for me as well. During that time if I do not ask for information they won’t tell me anything, even when the sponsor was refused they did not notice me and the big thing is they have no employment contract for me! I am now just have 2 weeks visa till it expried. They appeal my case to AAT without nomination application. Their purpose is extend my visa BVA and want to apply TSS for me by getting BVB let me go oversea a few days then they’ll apply it. I don’t think it’s a great thing they can do for me, I am now just want to get refund or suit them because what they did are terrible job and ruin my life! Is there any advice what should I do in this situation?
Thanks alot!
 

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I am concerned about the legality of a migration agent charging you a huge fee to obtain a sponsorship.

Paying for visa sponsorship - declaration requirement

On 14 December 2015 new criminal and civil penalties and visa cancellation provisions were introduced as part of a framework that allows for sanctions to be imposed on a person who asks for, receives, offers or provides a benefit in return for a visa sponsorship or employment that requires visa sponsorship (otherwise known as a 'sponsorship-related event').


https://www.homeaffairs.gov.au/trav/work/work-1/payment-for-visas-declaration-requirement
 
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I had applied 457 visa via a migration agent then after more than 1 year I got refusal decision from immi department . I paid them a huge amount for them searching the sponsorship for me as well. During that time if I do not ask for information they won't tell me anything, even when the sponsor was refused they did not notice me and the big thing is they have no employment contract for me! I am now just have 2 weeks visa till it expried. They appeal my case to AAT without nomination application. Their purpose is extend my visa BVA and want to apply TSS for me by getting BVB let me go oversea a few days then they'll apply it. I don't think it's a great thing they can do for me, I am now just want to get refund or suit them because what they did are terrible job and ruin my life! Is there any advice what should I do in this situation?
Thanks alot!
Hi Vicky

They should have provided you with a fees and services agreement. I would suggest having a look at the terms of the agreement and seeing whether you are able to cancel/get a refund. The Office of the Migration Agents Registration Authority regulates registered migration agents and you can always lodge a complaint with them.

Kind regards

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Migration Appeals

e: [email protected]
w:Home | Migration Appeals

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.
 

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I am concerned about the legality of a migration agent charging you a huge fee to obtain a sponsorship.
So am I.

I have 100% positive track record with 457 applications and I have never charged a 457 visa applicant anything.
 

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Discussion Starter · #5 ·
I did think because of searching the business which can sponsor for their client that’s difficult job so they take a big amount, however, it going to be weird when I found out that in a year waiting for 457 visa they just update my passport, degree, cv, haven’t ask me police check , HAP or more document. Anyway, it’s like scam but having no idea what I can do now when I just have 2 weeks visa before it’s expired
 

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You mention that you don't have an employment contract, so are you sure they're actually legitimately applying for a visa on your behalf? Are they a registered migration agent?

It is very, very unusual for a registered migration agent to take care of finding an employer to sponsor you. I have heard that some do but it seems to be very rare.
 

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It is very, very unusual for a registered migration agent to take care of finding an employer to sponsor you. I have heard that some do but it seems to be very rare.
Unfortunately it is not that unusual, although in most cases it is highly illegal. Some operators seem to get away with murder, especially the ones that are not registered.
 

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Correction!

I have billed 457 applicants for a consultation fee to assess their prospects.

Apart from that I billed the prospective employer for everything else, including their consultation fee.

I know of number of unregistered agents who used to charge prospective 457 applicants to be listed and sent their CVs to employers who had advertised positions vacant in Australia, and made a killing. This was in the days when 457 applications did not take forever to be processed. There is no Australian law to prevent unregistered agents charging any amount they like to any party willing to pay. These were genuine positions and genuine applicants.

Then there are fraudulent operators who deceive job seekers with promises about non-existent employment, and charge plenty.
 

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Discussion Starter · #10 ·
they are a organisation, but they just have a person who has MARN number. The boss never ever gave me his ID or even in our contract between me and the organisation the name of the owner did not present, just a signature! Anyway, Im now 99% think that it’s scam, that’s why im seeking advice from people how can I do in this situation, I have my BVA expired soon in 2 weeks, they apply an AAT appeal for me without nomination appeal (just application appeal M1 form) Is that posible? I mean, will AAT still accept that kind of document and put my case on waiting list? The AAT staff said after 1 week they will send the acknowledgement via email.
 

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Discussion Starter · #11 ·
This’s what I stuck in 😞 I have gone to many lawyer but they told my there no chance to win on my case, Im now have no idea where can I trust and tell them about these happen! I need to do something to make that migration agent collapse before I have to leave Australia. I can not beleive how Australia law make these organisation still going and day by day take money from so many people who have dream to live, learn and work in this beautiful country.
 

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This's what I stuck in 😞 I have gone to many lawyer but they told my there no chance to win on my case, Im now have no idea where can I trust and tell them about these happen! I need to do something to make that migration agent collapse before I have to leave Australia. I can not beleive how Australia law make these organisation still going and day by day take money from so many people who have dream to live, learn and work in this beautiful country.
Yes, it is disgraceful, but as long as people are willing to pay for these scams, the scammers will remain in business. What is worse is that many of the scammers are former migrants exploiting people from their own country of birth.

The Australian government doesn't seem to be be all that concerned about all the scammers and unregistered 'agents" operating out there.
 
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