As often happens, clients come to us to assist with their visa problems: to help fix an application or appeal a visa refusal or cancellation to the AAT (administrative appeals tribunal) or the Federal Court: And once that is done – we win the visa or regularize their visa status (many find they have become unlawful) their mind turns to the cause of their visa woes. More often then not the fault lies with the poor advice or negligent (sometimes fraudulent) mistakes and conduct of a dodgy migration agent.
Today case is no exception.
The applicant had applied for protection – however due to limited English mistakes were made and the application was refused.
The applicant than approached the dodgy migration agent. This agent was touted by a “colleague” as being, not only a great migration lawyer, but also a “big” man in the local community. It was no surprise that on hearing about this “genius” migration lawyer – with such an impeccable reputation and such glowing reviews from his “colleague” , that the client: hoodwinked and dazzled by these lies, signed the contract.
Not only did the dodgy migration agent hold out he was a “migration lawyer”, but he also in his greatness missed the deadline to file the appeal to the AAT. (For such appeals the ATT has no power to forgive lateness or extend the dead line – if the deadline is missed it is as they say “all over red Rover”!
But to make matters worse the dodgy migration agent failed to inform the applicant that the appeal had not been filed. The consequence of that is the applicant became unlawful.
Now it is not only that the dodgy migration agent did not tell his client, but also the agent went out of his way to mislead the client. For over a year this dodgy agent placated the client by saying things like “do not worry it is all as it should be” “just relax” and “it will be fine!”
There is a saying that surgeon burry their mistakes, dodgy migration agents wait for them to be deported! Perhaps the dodgy agent was just playing for time.
Unfortunately for the dodgy agent, the applicant is a bright guy and he eventually reach out to AR LAW SERVICES.
We filed a FOI and the applicant for the first time could see the horror of his situation and that of his baby daughter and young wife. All because of the actions of this dodgy agent.
Given this journey on the road back from Perdition began in 2020 during the covid lockdown it has – not surprisingly taken a toll on my client – so with the hearing and positive decision today it was met with tears of joy. For as the client said $80000 is a great deal of money, but for him and his family: people who cannot return to their homeland – it is a godsend and gives them a chance to build their dream and call Australia home.
To see justice done in this job, as it was today, is a very rewarding and satisfying thing and it makes all the long hours away from loved family members – particularly young sons and daughters – all worthwhile.
So if you or anyone you know has felt cheated or did not get what they paid for when dealing with a dodgy migration agent talk to us!