# action against migration agent



## dev123 (Apr 23, 2014)

Hi there, do anyone know what action we can take against a migration agent apart from MARA? When an agent does not work in an appropriate way and leave you in the middle after causing a stress about your application for over a year. Im sure there was a post sometime ago at this forum about a legal firm who could fight for you if you want sue the migration agent. Please share if you know a such firm or more about this. Thanks


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## chicken999 (May 2, 2013)

Carl desacola of Winthrop mason. 

Google him


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## Jeremy Hooper (Jul 10, 2014)

Carl Desacola MARN 1461661. Carl became a Migration agent sometime last year on 10 March 2014. He has been a lawyer for some time, but has only just registered as a migration agent.

All said though he does have a pretty impressive Google footprint. 

When did you sign your contract with him?

The best way to take action against him is to report him to the MARA. However, before you do that you need to read the MARA Code of Conduct very closely so that you report him for not following the code of conduct. You will need to identify which parts of the code he didn't follow.

The MARA cannot compel him to return money to you. However, they can prevent him from continuing to practice if they find against him. If he was found to not be following the code of conduct then you could present him with a demand letter to return all of part of the fees you have paid. He must carry professional liability insurance so there is a good chance that you could get some of your money back.


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## wrussell (Dec 31, 2014)

It seems likely that the time is coming when lawyers will not have to register with the OMARA to offer migration advice and to lodge applications. 

Presumably they would not then have to comply with the Migration Agents Code of Conduct; not that it can always be complied with.

For those who have nothing better to do, go to the OMARA website and check what percentage of RMAs are lawyers and what percentage of OMARA sanctions were imposed on lawyers.


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## dev123 (Apr 23, 2014)

Jeremy Hooper said:


> Carl Desacola MARN 1461661. Carl became a Migration agent sometime last year on 10 March 2014. He has been a lawyer for some time, but has only just registered as a migration agent.
> 
> All said though he does have a pretty impressive Google footprint.
> 
> ...


Thanks there. I'm not sure how to express myself or even what my agent has done quite normal conduct for MARA. I applied for partner visa from my agent. I've known him for quite some time. He applied my visa in July last year. Apart from marriage certificate and birth certificate of my partner, he did not upload anything in the immigration account. Like proof of genuine relationship, stat dec. I've been requesting him to do the document but he kept denied saying he will do that when the case officer requests all that. My point is why I would wait until the case officer sees my file being missing important docs . He might get annoyed or might give a wrong impression. Besides DIBP clearly says that incomplete file might cause delay. Last month on the 12 th he received an email from DIBP saying my file is being transferred to Perth for internal allocation of work. So I tried to push my agent to do the document ASAP. He got really angry and said that I'm frustrated and sick. He told me that I'm being a looser who could not take advantage of previous studies and couldn't gain PR. he knows that worked more hours when I was a student so he called me an illegal worker and heaps other awful things that I can't even say here. So I'm quite upset. Besides, now ive lost my trust in him. He won't give my any refund plus new agent cos 4.5 k. So I don't know what I should do. Please guys advise me.


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## rani (Aug 8, 2013)

That is horrific Dev  has your partner visa been refused or is it still being processed? If it's still being processed you need to remove this lawyer from your case and submit your evidence as soon as possible.. If you know you are not facing schedule 3 or any other complications or difficulties there is more than enough information and advice on this forum to possible do the rest yourself.

If you have already been refused you need to get good representation there are many good agents on this forum.


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## CCMS (Oct 10, 2013)

dev123 said:


> Thanks there. I'm not sure how to express myself or even what my agent has done quite normal conduct for MARA. I applied for partner visa from my agent. I've known him for quite some time. He applied my visa in July last year. Apart from marriage certificate and birth certificate of my partner, he did not upload anything in the immigration account. Like proof of genuine relationship, stat dec. I've been requesting him to do the document but he kept denied saying he will do that when the case officer requests all that. My point is why I would wait until the case officer sees my file being missing important docs . He might get annoyed or might give a wrong impression. Besides DIBP clearly says that incomplete file might cause delay. Last month on the 12 th he received an email from DIBP saying my file is being transferred to Perth for internal allocation of work. So I tried to push my agent to do the document ASAP. He got really angry and said that I'm frustrated and sick. He told me that I'm being a looser who could not take advantage of previous studies and couldn't gain PR. he knows that worked more hours when I was a student so he called me an illegal worker and heaps other awful things that I can't even say here. So I'm quite upset. Besides, now ive lost my trust in him. He won't give my any refund plus new agent cos 4.5 k. So I don't know what I should do. Please guys advise me.


Keeping in mind that I only know your side of the story,I find what you say quite disturbing.

I do regularly hear these sort of stories though from people and I have actually taken over a few cases from agents who for some reason refused to do the job they were paid for.I typically charge an hourly rate to further manage cases that have already been lodged.

I suggest you have a good look at your engagement contract and see exactly what you have agreed on.

My contract contains items like:


Preparing any necessary supporting submissions to the DIBP.
Lodging the application with DIBP for processing as soon as possible.
Wherever possible, supplying any further documentation or information requested by the DIBP on receipt of documents from the Client(s).
Promptly advising the Client(s) of any communications from the DIBP

You can also have a look at the Code of Conduct, which all agents must abide by:

https://www.mara.gov.au/using-an-agent/working-with-your-agent/what-to-expect-from-your-agent/


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## dev123 (Apr 23, 2014)

CCMS said:


> Keeping in mind that I only know your side of the story,I find what you say quite disturbing.
> 
> I do regularly hear these sort of stories though from people and I have actually taken over a few cases from agents who for some reason refused to do the job they were paid for.I typically charge an hourly rate to further manage cases that have already been lodged.
> 
> ...


Thanks can please private message me with you contact details and business name. Also your fee/ charges per hour.


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## dev123 (Apr 23, 2014)

rani said:


> That is horrific Dev  has your partner visa been refused or is it still being processed? If it's still being processed you need to remove this lawyer from your case and submit your evidence as soon as possible.. If you know you are not facing schedule 3 or any other complications or difficulties there is more than enough information and advice on this forum to possible do the rest yourself.
> 
> If you have already been refused you need to get good representation there are many good agents on this forum.


My application is still under process. I hold BVA. No schedule 3 conditions.


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## CCMS (Oct 10, 2013)

dev123 said:


> Thanks can please private message me with you contact details and business name. Also your fee/ charges per hour.


You'll find my details by clicking the link in my signature.


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## hebry1968 (Jun 17, 2015)

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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## wrussell (Dec 31, 2014)

All registered migration agents must carry professional indemnity insurance to cover clients in many circumstances, perhaps in your circumstances.


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## CCMS (Oct 10, 2013)

hebry1968 said:


> 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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## Jeremy Hooper (Jul 10, 2014)

Hi Nick .. Unfortunately this does seem to occur too often. It gives our profession a bad name.


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## CCMS (Oct 10, 2013)

Jeremy Hooper said:


> 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-publications/public-notices/disciplinary-decisions/


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## dev123 (Apr 23, 2014)

CCMS said:


> 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.
> 
> ...


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


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## Carl Desacola (Apr 20, 2014)

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


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## Jeremy Hooper (Jul 10, 2014)

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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## Carl Desacola (Apr 20, 2014)

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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