820 partner visa issues with partner - Page 2

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820 partner visa issues with partner - Page 2

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  #11 (permalink)  
Old 11-25-2020, 12:55 AM
Senior Member
Join Date: Dec 2014
Location: Syney NSW
Posts: 5,741
Users Flag! From australia

968 likes received
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I have already told him that.

Westly Russell
Registered Migration Agent
Number 0316072

  #12 (permalink)  
Old 11-25-2020, 02:09 AM
dyl dyl is offline
Join Date: Nov 2020
Posts: 3
Please update your flag here .

Originally Posted by wrussell View Post
I know who you are. Be careful about defamation!

You might have let members know that after 60+ emails, and receipt of paper forms 47sp, 40sp, 80 and numerous advice emails, including detailed information about a medical issue, police clearances and other matters you changed your mind about applying and threatened me with legal action. I advised you that I was willing to change your application from onshore to offshore and proceed with either subclass at a time that suited you. for no extra professional fees. Due to your repeated threats and abuse I terminated your service agreement on the basis of the conflict of interests that you created and billed you accordingly:

retainer, costs per hour up to a maximum amount.

Have a look at these clauses your service agreement:

14. If you have a complaint about our conduct or our service, we will try to resolve it with you. You may complain directly to the OMARA (Office of the Migration Agents Registration Authority).

15. We will bill you for an initial retainer of $xxx and we will bill you for professional fees at the rate of $yyy per hour to perform the services listed in this table. Our retainer plus professional fees will not be more than a maximum amount of $xxx plus Goods and Services Tax (GST) if applicable. If you instruct us to perform services that are not listed in this table, such as: lodge an appeal if you receive an adverse decision, or add an additional applicant to an application, or remove an applicant or inform the Department of Home Affairs that there are additional non-migrating
dependants or notify a change address, employment, contact or passport details; there will be further costs. You should note that we have no
control over third-party charges such as skills assessment fees and visa application charges. The third-party amounts quoted are correct at the
date of this Service Agreement, but they could change.

16. In addition to these costs we will bill you for 15 minutes work for each unsolicited email or other communication we receive from you, or from a party acting in a matter relating to your case, in excess of 5 messages. Correspondence from assessing authorities or Australian or other immigration authorities are not counted as unsolicited communications.

and this

Once work has commenced payments are not refundable.
You can make legal threats if you like, though honest opinion is a defense to defamation. Sue me. Try.

You never provided detailed information about any medical issue. You provided a single link you found on Google. An article I already had noted down as part of my own research. I refer to my previous comment that one would be better off Googling it themselves.

I never changed my mind about applying, I explained if you weren't going to proceed prior to covid restrictions (ie in a timely fashion) I would prefer to have a refund and take my money elsewhere. You had no motivation or intention to proceed. You weren't timely in responses and your phone was constantly "broken".

I also don't respect you releasing potentially sensitive information here, I have taken a copy of this post and will be filing a complaint under privacy legislation. While you do have a right to respond under defamation legislation (which I'm more than happy to provide this right via a phone call, at which point I will edit my post with your responses), this right does NOT excuse or release you from your obligations under privacy laws. I highly recommend you look up legislation regarding extortion or threats, hinting you'll release my private information if I seek costs owed to me is outright extortion.

  #13 (permalink)  
Old 11-25-2020, 02:11 AM
Join Date: Jul 2011
Posts: 5,262
Users Flag! From canada

1546 likes received
148 likes given
Please be aware that we do not allow "Name and Shame" type of posts, whether they're about RMAs or any other type of company. If you have a complaint about a RMA, or other company for that matter, you will need to take it up with them privately.

Because Westly has already replied to your allegations, I'll leave the posts however I think you would be hard pressed to find any professional who doesn't bill for the work performed up to the date of cancelling the service contract.

I for one, would have no hesitation to use Westly as a migration agent, as would I think many other posters.

Since Westly has included the clause from the service contract about contacting OMARA if you wish to complain, that should be sufficient for this thread so I will close it.

MrTambok likes this.

186 visa - Temporary Residence Transition stream
Granted Dec 2013

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820 801 partner spouse visa

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