Where do we go from here?

[Bulldovie 0]

Hi all

Our PR (employer nomination) was rejected back in November due to the Agent forgetting (due to memory loss - symptoms of an undisclosed illness) to upload the docs required for the employer nomination part of the visa.

We were told not to appeal as he admitted he didn’t upload the docs, even though we had them and to make a claim against his indemnity insurance. This was advised by several agents and a solicitor we seeked legal advice from.

The claim was finally reviewed (3 months later) and AIG have declined it saying that the Agent has fraudulently conspired with us to make a claim to obtain funds from the policy.

Their basing this on the Agent telling us to either 1. Try and get the visa refusal reversed, 2. ask for a refund or 3. Claim against his insurance.

If anyone has any advice of where to go from here, can you please pm me.  We’re in the verge of breaking point ?

[wrussell 2,290]

If you still qualify, your best strategy is probably to write it off and start again with another (registered) migration agent.

Under the Code of Conduct a registered migration agent facing a complaint is required to attend mediation if called upon to do so by the OMARA; presumably in good faith.

Anything said in mediation (or elsewhere) that could be construed as an admission of liability might well provide an insurer with the grounds to refuse a claim. 

If an RMA has grounds to believe that a claim might arise s/he must inform the insurer in a timely manner and let the insurer deal with it.

 

[csc2018 1]

If you still qualify, your best strategy is probably to write it off and start again with another (registered) migration agent.
Under the Code of Conduct a registered migration agent facing a complaint is required to attend mediation if called upon to do so by the OMARA; presumably in good faith.
Anything said in mediation (or elsewhere) that could be construed as an admission of liability might well provide an insurer with the grounds to refuse a claim. 
If an RMA has grounds to believe that a claim might arise s/he must inform the insurer in a timely manner and let the insurer deal with it.
 

What if she is not qualified? Can she hand over the orignal application to another agent to re-edit?

[Bulldovie 0]

Thanks for this.

 

we basically have written it off and have started again with a new agent.

 

the agent never gave his insurer prior notice a claim may arise, he went straight in with a claim and has obviously gone about it the wrong way.

 

we lodged a complaint with OMARA back in November and heard nothing as apparently they are backlogged.

 

He has ruined this whole experience for our family and as far as I’m concerned stole our money as if he had disclosed this medical condition we would have gotten a new agent,

[wrussell 2,290]

I have not got around to changing  DIBP to DHA on my website. The following can be found on my website under NEWS and on all my service agreements:

WARNING

The OMARA is an essentially useless office that is part of the Department of Immigration and Border Protection and I have told them so repeatedly. With the stroke of a pen the minister can terminate them all as easily as s/he can terminate a perfectly valid visa application. The OMARA can do nothing about unregistered agents overseas or parliamentarians or DIBP officers who give often incorrect, migration advice in Australia, or education agents who give catastrophically incorrect migration advice under the table. About all the OMARA can do, having received a complaint, is haul a registered migration agent over the coals - after the event. They cannot order repayment of money lost. They can do nothing when the minister (The Terminator) changes the rules in the middle of the game or one of his delegates or ‘designated authorities’ bungles your case. By the way, the ‘average fee’ misinformation published by the OMARA is just that.

 

[Marisawright 10,724]

On 3/23/2018 at 12:05, csc2018 said:

On 3/23/2018 at 11:53, wrussell said:

If you still qualify, your best strategy is probably to write it off and start again with another (registered) migration agent.
Under the Code of Conduct a registered migration agent facing a complaint is required to attend mediation if called upon to do so by the OMARA; presumably in good faith.
Anything said in mediation (or elsewhere) that could be construed as an admission of liability might well provide an insurer with the grounds to refuse a claim. 
If an RMA has grounds to believe that a claim might arise s/he must inform the insurer in a timely manner and let the insurer deal with it.
 

What if she is not qualified? Can she hand over the orignal application to another agent to re-edit?

If an agent is not qualified, there is absolutely nothing you can do about it.  That is why you should never use an unqualified agent.

[Bulldovie 0]

The agent was licensed