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action against migration agent - Page 2


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  #11 (permalink)  
Old 06-17-2015, 05:46 AM
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Been there and done that. I lost $6500 and I had to withdraw the application last year in December, basically there isn't any comeback or warranty. You can complain to Mara and supply all details and proof of costs. In the end you still will not be compensated. If you can get past it. Move on. Even though my immigration agent was an idiot. His incompetence still could not get myself a refund. I will not use an immigration agent here anymore, even if they are registered Mara agent and they sign off on the application. They try and make you look bad and your left high and dry.


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Old 06-17-2015, 05:56 AM
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All registered migration agents must carry professional indemnity insurance to cover clients in many circumstances, perhaps in your circumstances.

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  #13 (permalink)  
Old 06-17-2015, 10:32 AM
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Quote:
Originally Posted by hebry1968 View Post
I will not use an immigration agent here anymore, even if they are registered Mara agent and they sign off on the application. They try and make you look bad and your left high and dry.
You are condemning an entire profession because of your individual experience?

If the migration agent you used was indeed incompetent or negligent in his duties, then you should sue him and seek compensation.

I'm not saying this is what happened in your case, but I have heard of too many cases where people blame their agent, when their visa has been refused no matter what the reason.
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Old 06-17-2015, 01:03 PM
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Hi Nick .. Unfortunately this does seem to occur too often. It gives our profession a bad name.

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  #15 (permalink)  
Old 06-17-2015, 09:22 PM
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Originally Posted by Jeremy Hooper View Post
Hi Nick .. Unfortunately this does seem to occur too often. It gives our profession a bad name.
It does and it is unfortunate, because there are incompetent and/or unscrupulous operators across all professions and industries.

My issue is that sometimes people post unsubstantiated allegations against unnamed migration agents on this forum without disclosing exactly why their visa was refused or had to be withdrawn and why they think it was their agent's fault. Of course we never get to hear the other side of the story either.

If MARA takes action against an agent after a complaint has been made, then I think the client would have good grounds to seek compensation.

A list of disciplinary decisions is publicly available here:

https://www.mara.gov.au/news-and-pub...ary-decisions/

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  #16 (permalink)  
Old 06-22-2015, 12:01 PM
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Quote:
Originally Posted by CCMS View Post

It does and it is unfortunate, because there are incompetent and/or unscrupulous operators across all professions and industries.

My issue is that sometimes people post unsubstantiated allegations against unnamed migration agents on this forum without disclosing exactly why their visa was refused or had to be withdrawn and why they think it was their agent's fault. Of course we never get to hear the other side of the story either.

If MARA takes action against an agent after a complaint has been made, then I think the client would have good grounds to seek compensation.

A list of disciplinary decisions is publicly available here:

https://www.mara.gov.au/news-and-pub...ary-decisions/
CCMS- there is quit bit of process to go through MARA. They do not help you straight way. Although they will listen to you and then contact your migration agent to sort out the issue. That's going to upset the agent. Nobody wants to do that because it would only worsen the case as a migration agents anger or negligence can cost you big time.
If someone is already refused a visa, he has lot more other things to deal with. Many of us don't even know the process of suing someone. Then if it's gonna be successful, how long it will take and the cost involved of doing that.
People would rather try to fix their visa issue than goin after the agent.

It's true that all agents are not bad but there are quite few of bad ones in this industry who are not reported for various reasons. To get someone's license cancelled you need to be gone through hell. Like your visa stuffed up and many more.

For various unprofessional and unethical behavior it's just a slap on the wrist. It would further make things worse for a client as he dared to report his agent and tried to get the so called reprimand from MARA


  #17 (permalink)  
Old 03-31-2016, 05:07 PM
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Hi Dev123,

I realise that I’ve joined this thread rather late in the game, but I will nevertheless respond in case other members of this site might find it useful.

Based on the story you have shared, it does seem to me that you would have good grounds to seek a refund of the agency fees you have paid (plus any additional expenses you might have incurred as a result of his actions or inaction). For instance, based on the MARA Code of Conduct, your migration agent appears to have breached his duty to:

> “[D]eal with his or her client competently, diligently and fairly” (clause 2.1);

> “[A]ct in accordance with the client’s instructions” (clause 2.8);

> “[A]ct in a timely manner if the client has provided all the necessary information and documentation in time for statutory deadlines” (clause 2.18);

> “[P]rovide sufficient relevant information” to the Department of Immigration (clause 2.19); and

> “[N]ot submit an application under the Migration Act or Migration Regulations without the specified accompanying documentation” (clause 2.21).

Each of these grounds – and perhaps there may be others depending the details of your particular case – can be relied upon to request a refund and/or compensation from the migration agent.

My recommendation would be for you to do the following:

1. Send a letter to the migration agent requesting compensation, outlining the facts of your case in detail, and citing the relevant clauses of the MARA Code of Conduct (do NOT simply do this via telephone or face-to-face; keep everything in writing so that it is properly documented);

2. Lodge a complaint with MARA, who may be able to assist in pressing the migration agent to at least refund the fees you have paid (although note that MARA does not really have the power to order a migration agent to compensate an aggrieved client);

3. Seek legal assistance from a solicitor with experience in migration law (our firm generally undertakes this sort of work on a “no win, no pay” basis so that every one of our clients can afford to access proper legal advice).

I hope this information has been helpful.

On a final note, I must give special thanks to Jeremy Hooper and Chicken999 for the referral and kind words. Incidentally, for those who would like to know a bit more about us (or me), the best starting point would be to check out the “Testimonials” section of our website to see what our past and present clients have to say about us:

www winthropmason com au / about / testimonials /


Carl Desacola, Lawyer & Registered Migration Agent (MARN 1461661)
Winthrop Mason | Business Lawyers & Migration Agents


  #18 (permalink)  
Old 04-01-2016, 12:44 AM
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Hi Carl, as far as I know MARA only examines Code of Conduct issues and can apply sanctions to agents who do not follow the Code of Conduct. Odering the refund of fees is outside its jurisdiction.

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  #19 (permalink)  
Old 04-01-2016, 02:13 AM
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Hi Jeremy,

You are, of course, absolutely correct.

There was a slight typo in my previous post. I meant to write "pressuring" instead of "pressing". In other words, the mere fact that MARA gets involved is often enough for a migration agent to agree to refund an aggrieved customer's fees (with or without a formal admission of liability).

This can sometimes be a very quick and cost effective way to resolve a dispute.


Carl Desacola, Lawyer & Registered Migration Agent (MARN 1461661)
Winthrop Mason | Business Lawyers & Migration Agents


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