# Visa rejected due to migration agent mistake!!!!!!!!!!!!!!!!!!!



## mountainmonk (Oct 7, 2012)

Hi All,

My brother has landed in quite a fix and I am hoping that someone out there can provide some advice. My brother lodged a 485 graduate temporary visa with DIAC last year through a migration agent. He also provided the migration agent with his study ACS assessment during the early part of this year. 

However we found out a yesterday that his visa has been refused. Turns out that the migration agent had failed to submit the assessment. In fact the refusal letter mentions that a reminder email was also sent to the migration agent which had failed to notice. 

As a consequence of this refusal my brother can no longer make a on shore application. Also he will be moved to the new, much more tougher skill select system. Which means that his chances of getting a visa are reduced. ( He currently has only 65 points) 

My questions are as follows - Is there any chance that DIAC might reconsider his original application given that the migration agent had made an error? Also would a complaint to MARA result in some form of effective punishment? Is my brother eligible for any form of compensation from the migration agent? 

Thank you for your responses.


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## Pominoz (Oct 8, 2012)

I would think it is worth going to MARA and registering a complaint and also asking them for advice on how to proceed. As with most industries the supplier has a duty to deliver a service and in this instance seems to have failed.


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## mountainmonk (Oct 7, 2012)

Pominoz said:


> I would think it is worth going to MARA and registering a complaint and also asking them for advice on how to proceed. As with most industries the supplier has a duty to deliver a service and in this instance seems to have failed.


Thank for the advice mate.


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## spin123 (Feb 23, 2012)

mountainmonk said:


> Hi All,
> 
> My brother has landed in quite a fix and I am hoping that someone out there can provide some advice. My brother lodged a 485 graduate temporary visa with DIAC last year through a migration agent. He also provided the migration agent with his study ACS assessment during the early part of this year.
> 
> ...


Hi,

I'm unable to answer all your questions. tell your brother to lodge a EOI as soon as possible. since he has 65 points he has a good chance of receiving an invitation.


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## borntobeaussie (Nov 30, 2011)

apply in the skillselect system immediately if you can. People with 65 points are currently getting invites


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## mountainmonk (Oct 7, 2012)

thanks for all the responses guys, being a great help


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## JCase (Sep 14, 2012)

If the agent isn't MARA registrered, complaining to them will not make a difference.

Just apply under Skillsset


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## Guest (Oct 8, 2012)

His rejection letter should say if he has the right of appeal. If he does and the skills assessment is dated before he applied he should win but not every visa has the right of appeal.


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## vertigo (Oct 8, 2012)

mountainmonk said:


> Hi All,
> 
> 
> However we found out a yesterday that his visa has been refused. Turns out that the migration agent *had failed to submit the assessment.* In fact the refusal letter mentions that a reminder email was also sent to the migration agent which had failed to notice.
> ...


what a pity...


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## Maz25 (Jul 6, 2008)

I'm sorry to hear about your brother's predicament.

If the agent is MARA registered, as others have suggested, your brother should immediately lodge a complaint with MARA, who will investigate and take appropriate action against the agent.

The issue of compensation would typically depend on what was included in the contract but on the basis that the agent has grossly failed the most basic duty of care, I would suggest that your brother has discussions with him in terms of discussing a suitable compensation, particularly as he provided all the required documents but the agent failed to provide them to DIAC. If the agent is willing, then this issue can be sorted out amicably but if not, your brother would have to consider taking legal actions if he wishes to pursue the matter further.

As Shel has said, if he has a right of appeal, then he should be fine and will most likely be successful in obtaining his visa but if he doesn't, then he should consider lodging an EOI immediately.


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## fr0zen_lipz (Jul 13, 2012)

Mate please clarify if your brother's application was refused onshore while he was in Australia secondly did he hold or applied for skill assessment before lodging 485visa .. if so then in refusal letter the department of immigration would have sent the appeal form he can appeal in Migration review tribunal it will take another 8-9 months to for his hearing ... his origional application will be approved.. i am not sure if he will be still able to lodge application under old points system since they are ending old visa system by the end of this year... however his 485 visa will be approved for sure.. its not his mistake.. tribunal will call ur brother in hearing and they will take notice of that agent and for his negligence he might endup paying fine or loose his license but its weird why an agent would make such blunder without skill assessment agents do no lodge files.. anyways write back.. thanks


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## fr0zen_lipz (Jul 13, 2012)

2ndly somebody in the post mentioned to apply for EOI.. please remember you can not lodge skilled visa application unless you hold a visa like 485 or student so obtaining an EOI wouldnt help him anyway... please ask your brother to get the refusal letter from the bloody agent and check review rights.. he has 3 options at this stage take his application to MRT to high court or minister of immigration.. anyways willl wait for ur response.. cheers...


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