eudoi.augfe Posted February 18, 2022 Share Posted February 18, 2022 I have a question for a friend. He applied for a partner visa with someone who resides in America but is a citizen of a high risk country. When they first hired their lawyer he told the lady (applicant) to leave off one of her children off the partner visa as she didnt have access to the child and her ex partner. I had a bad experience with the lawyer in the past and I told them not to use him as he gives advice that is borderline illegal. When he did the application for them anytime immigration asked for more stuff the lawyer would request more money to pass on the information to sponsor. He was also found later that some request he had not even passed on. He didnt tell them of the 4 requirements you need to meet (financial ties etc.) A couple of years later immigration denied the visa and it appears the sponsor and applicant believe the (1st) lawyer had something to do with it. they then decided to go to AAT with a new (2nd) lawyer. the new lawyer was worse! 7 months before the 3 year ban was up. the applicant and sponsor asked a new 3rd lawyer to see if a case had been filed at the tribunal. it appears the second lawyer never filed any paperwork BUT he sent the sponsor a acknowledgment of application letter as well as a letter sating the denial for priority request. ALL with the AAT letterhead. A FOI request (filed by a 3rd lawyer) showed there is no case at the tribunal filed and the 3rd lawyer even stated as much. based on this information, is the acknowledgement letter a fraudulent doc? what would be the best course of action for the sponsor and applicant if they choose to do a new application in a couple of months when the 3 year ban is finished? I personally wouldnt do it as I feel it would be waste of $$$$ as they would need a very strong application and they currently dont have that. if anything they have the opposite because with the 2 dodgy lawyers its all hearsay and nothing has been proven. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 18, 2022 Share Posted February 18, 2022 It seems part of the issue is he has spoken to lawyers. He needs to speak to a registered migration agent 2 Quote Link to comment Share on other sites More sharing options...
eudoi.augfe Posted February 18, 2022 Author Share Posted February 18, 2022 2 hours ago, VERYSTORMY said: It seems part of the issue is he has spoken to lawyers. He needs to speak to a registered migration agent I think they have dealt with Immigration Lawyers. I know Migration agent and immigration lawyers are two separate representatives and you can no longer report lawyers to MARA is that right? how can they know if the AAT letter is a fake? is the fact that the tribunal is saying no appeal exists a sign of something fishy? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 18, 2022 Share Posted February 18, 2022 28 minutes ago, eudoi.augfe said: I think they have dealt with Immigration Lawyers. I know Migration agent and immigration lawyers are two separate representatives and you can no longer report lawyers to MARA is that right? Was the lawyer registered with MARA as a migration agent? If yes, they can report him. If not, they can't. Quote Link to comment Share on other sites More sharing options...
eudoi.augfe Posted February 18, 2022 Author Share Posted February 18, 2022 1 hour ago, Marisawright said: Was the lawyer registered with MARA as a migration agent? If yes, they can report him. If not, they can't. The first lawyer has MARN that was pulled from Immi forms however, its not coming up when he does a search. The whole who is a Lawyer/Migration agent and who can register has become so convoluted. I know the rules recently changed in 2021 and my understanding is that Lawyers are no longer required to register with MARA is that correct? I got the below information on the amendments from the NSW law society: "Migration Amendment (Regulation of Migration Agents) Act 2020 22 February 2021 The Migration Amendment (Regulation of Migration Agents) Act 2020 was passed by both Houses of Parliament on 15 June 2020 and will come into effect of 22 March 2021 (the new legislation). The new legislation will amend the Migration Act 1958, so that Australian legal practitioners holding practising certificates that are not subject to supervision will no longer be required or entitled, to register with the OMARA as migration agents. Importantly, after the commencement of the new legislation and subject to the conditions on their practising certificate, Australian legal practitioners will be able to provide immigration assistance in connection with legal practice without holding registration as a migration agent with the OMARA. The Law Society has prepared the following FAQ’s to provide further information to solicitors who may be impacted by the change." Quote Link to comment Share on other sites More sharing options...
paulhand Posted February 18, 2022 Share Posted February 18, 2022 39 minutes ago, eudoi.augfe said: my understanding is that Lawyers are no longer required to register with MARA is that correct? Correct. Dual registration has ended - you can be either a lawyer or an RMA, not both. MARA only regulates RMAs; Australian lawyers are regulated by the appropriate state bodies. Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 22, 2022 Share Posted February 22, 2022 From a previous post: From the Code of Conduct: If an application under the Migration Act or the Migration Regulations is vexatious or grossly unfounded (for example, an application that has no hope of success) a registered migration agent: (a) must not encourage the client to lodge the application; and (b) must advise the client in writing that, in the agent’s opinion, the application is vexatious or grossly unfounded; and (c) if the client still wishes to lodge the application — must obtain written acknowledgment from the client of the advice given under paragraph (b). This Code of Conduct does not apply to lawyers, unregistered agents and various others. Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 23, 2022 Share Posted February 23, 2022 Quote you can no longer report lawyers to MARA is that right? If they were registered with the OMARA you have 12 months from the date registration ceased to complain to the OMARA; for all the good that might do you. The following warning appears on my website pinoyau.com and on all my service agreements. WARNING The OMARA is an essentially useless office that is part of the Department of Home Affairs 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 Department of Home Affairs 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. Quote Link to comment Share on other sites More sharing options...
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