SD_MOA Posted January 4, 2016 Report Share Posted January 4, 2016 Hello Gaza, I am not aware of KLD Visas but I am concerned that 12 months in you have not progressed very far! Also if you are submitting an Engineers Australia skills assessment you need to have at least a Advanced Diploma in Engineering (Trade Certificate, N4 etc are NOT sufficient). Feel free to email me a copy of your CV and I will review your options for you. Regards 3 Quote Link to comment Share on other sites More sharing options...
Gaza82 Posted January 7, 2016 Report Share Posted January 7, 2016 Compliments of the season to all! Stephen thank you so much for the reply, it's highly appreciated. I did also stress to her that I don't want her to aim higher than I can reach, but she is of the opinion that based on what I have done, work wise, over the years that I fall into the realm of an Engineering Manager, butI have my reservations. I will definitely mail you my CV to have a look through. Again, thanks for the assist. Garreth Quote Link to comment Share on other sites More sharing options...
Marcodasilva Posted January 10, 2016 Report Share Posted January 10, 2016 Hi All, I heard a story that if the agent is not successful in your bid you are supposed to get refunded the professional fees. This sounds like a bit of stretch to me. Can anyone confirm whether this comment is true or not? Quote Link to comment Share on other sites More sharing options...
SD_MOA Posted January 11, 2016 Report Share Posted January 11, 2016 Hello Marco, That would depend on the contract you signed with the agent. Registered Agents are not obliged under the Code of Conduct to refund fees for an unsuccessful application. However if an application was unsuccessful due to an error on the Agents part then you would expect the Agent to be liable in some way. I hope this helps! Regards Quote Link to comment Share on other sites More sharing options...
Shmily Posted September 24, 2016 Report Share Posted September 24, 2016 What if your MARA agent cost you to loose 10 points and lied to you? We had 65 points and due to her lies and negligence lost 10. What rights do we have still being abroad? MARA will investigate the matter now. Quess I have to wait and hear what they say will one be able to ask for a reconsidering of a PR visa due to her negligence? Or is it sorry not our fault she did not do her work? Quote Link to comment Share on other sites More sharing options...
RedPanda Posted September 24, 2016 Report Share Posted September 24, 2016 44 minutes ago, Shmily said: What if your MARA agent cost you to loose 10 points and lied to you? We had 65 points and due to her lies and negligence lost 10. What rights do we have still being abroad? MARA will investigate the matter now. Quess I have to wait and hear what they say will one be able to ask for a reconsidering of a PR visa due to her negligence? Or is it sorry not our fault she did not do her work? Wow...that seems a bit off the deep end. I'm curious to hear what @SD_MOA or @TeeTMI have to say on the matter. (I'm guessing they will know) Quote Link to comment Share on other sites More sharing options...
Shmily Posted September 24, 2016 Report Share Posted September 24, 2016 1 hour ago, RedPanda said: Wow...that seems a bit off the deep end. I'm curious to hear what @SD_MOA or @TeeTMI have to say on the matter. (I'm guessing they will know) I have so many questions deep end it is RedPanda because she is sitting with all our money as well that I am trying to get back as well. Please note that I did not blindly chose this agent she helped family and friends of ours to migrate to Australia. Wonder what is going to happen because MARA clearly states that they can't assure you that you will get your money back. She messed with a family of 4 future I am so angry. If she is find quilty (I have all the proof) and refuse to give back the money what then? Must I open a fraud case with the Australian police? I hope MARA will assist in showing me in the right direction if it comes down to it. Quote Link to comment Share on other sites More sharing options...
Gaza82 Posted September 24, 2016 Report Share Posted September 24, 2016 Well needless to say, since I last posted about KLD Visa's, the Agent, Lauren Garvey has gone to ground, ignoring all my Emails and Skypes, so I am out of pocket and back to square 1. But I'll soldier on. It's my fault anyway for not researching properly. Be advised, only use MARA approved Agents. Quote Link to comment Share on other sites More sharing options...
TeeTMI Posted September 25, 2016 Report Share Posted September 25, 2016 Sorry to hear your news Gaza82 For others reading this you can check if the person you are working with is a registered at the following Australian government web site https://www.mara.gov.au/ Australian Registered Migration Agents are registered individually under their own name it is the individual person rather than the company that is registered. You can also search under the company name to determine if there is a registered migration agent within the organisation. 1 Quote Link to comment Share on other sites More sharing options...
Gaza82 Posted September 27, 2016 Report Share Posted September 27, 2016 Thanks so much TeeTMI. A tough way to learn, but it happened. Not going to dwell in the past, onward and forward. It will catch up to her. Let it be a lesson to any newbies, learn from my mistake!!!!!! Anyway, IETLS prep underway, fell short by half a point on the reading test. Other 3 tests were good results. Take care and have a great day! Quote Link to comment Share on other sites More sharing options...
Marcodasilva Posted September 27, 2016 Report Share Posted September 27, 2016 Hi @Gaza82, you are not the only one. I lost serious amounts of money on my first dealings with a immigration agent. But im glad i made the decision to cut my losses and move on immediately. This forum has good and trust worthy agents and also you can rely on the recommendations from other migrants on here. I found my new migration agent from recommendations on this forum and soo happy i did, we subsequently got our PR 189's. NB: the other agent was reccommended to me by close friends, so you can never be to sure. Any how best advise comes out of SAAustralia in my opinion. 1 Quote Link to comment Share on other sites More sharing options...
Gaza82 Posted September 27, 2016 Report Share Posted September 27, 2016 Cheers Marcodasilva. Pity I didn't join this forum sooner. I should have called it quits earlier, but anyway, what's done is done. Enough said. Positive thoughts from here on out. Quote Link to comment Share on other sites More sharing options...
AlanRB Posted May 15, 2017 Report Share Posted May 15, 2017 You have 6 years from the loss to recover money from a migration agent in the small claims court when you settle in Australia. Its sad to see that people have lost their hard earned money to unscrupulous agents so I hope this will be of some comfort and help to those who have experienced this. I know that in the midst of migrating this will be the last thing on your mind but there will come a time when you are relaxed and settled in Australia and when you have the energy you may want to consider bringing a claim against them in the "small claims court". I'll talk in terms of Queensland where I'm registered but all the jurisdictions in Australia are similar as far as I know. In Queensland it is known as QCAT (Queensland Civil and Administrative Tribunal). The "judge" is referred to as the Member. You would be the Applicant. The agent would be the Respondent. You have 6 years from the date of the loss to lodge a claim against someone. Hopefully, in spite of the delays caused by the agent, you get here within that time frame. However, you can apply for an extension of this in certain circumstances so if you arrive after that I would be surprised if you did not get an extension based on the respondent being the cause of the delay and you being in another jurisdiction. You can sue for amounts up to $25,000 in QLD. So you could sue for migration agent fees lost as well as other damages such as loss of deposits etc caused by the agent. If your loss is higher than $25,000 you can simply forgo the balance. Your claim can (and should) include interest. Interest rates are as per the Queensland courts rates if no rate is stipulated in the contract. Interest is over and above the $25,000. No lawyers are allowed unless both parties agree. No costs are awarded. Each party pays all their own costs. In some circumstances the Tribunal will award costs. These type of circumstances are certainly circumstances where I would request the Tribunal to use its discretion. The Tribunal can inform itself in any way it chooses. That is, it does not have to follow the normal rules of evidence. It can ask questions of the parties and request further information not presented by the parties. However, you need to show evidence of the damages you have suffered and argue your case as to why the Agent caused them. The more evidence you can supply the better for your case ie. emails, letters, complaints to MARA etc. Keep everything. Low fees - $24.60–$315.70 depending on amount claimed. You will have to serve the claim on the Respondent. If a company - registered mail to registered address. If an individual - personally served on them, you can do it yourself or hire a bailiff. There could be a problem where you are settled in a different jurisdiction than where the company or agent is located. eg you live in Qld and they are in NSW. You will have to motivate having the matter being heard in QLD rather than NSW. There are community legal services that will help you prepare your claim and advise you what to do for no charge. You may be nervous at the thought of going to the Tribunal but you will be fine. Its designed to make it manageable for non-lawyers. Keep your claim succinct. The Tribunal doesn't want to hear how this made you depressed or sick or how your marriage suffered. Focus on what the contract said the agent would do, what the agent promised outside of the contract verbally or in writing, the migration agents code of conduct, and how the agent breached their contract, promises and code of conduct and why and how this caused you a financial loss. Start making notes now as you collect and retain the evidence of your dealings. The Tribunal will generally regard notes made contemporaneously with the events in higher regard as your memory will fade. It would probably be a good idea to send a letter of demand to the Agent now and when you arrive if they still haven't paid . A letter of demand does not have to be in a particular form. State what you are claiming and why and interest you are claiming. Do not use threatening language. Use objective language. Please remember that in law getting a judgement or decision in your favour can sometimes be only the halfway mark. If the other party does not pay up you will have to commence enforcement proceedings. This is general information only. It is not legal advice as it does not consider your particular circumstances. For legal advice please see a legal practitioner to discuss your circumstances. 1 Quote Link to comment Share on other sites More sharing options...
Gaza82 Posted May 24, 2017 Report Share Posted May 24, 2017 Thanks AlanRB The info is much appreciated. I will pursue it, if not to get my money back, I just want to put a stop to this Agent and her wicked ways, I was taken for small money in comparison, but if she's taking 10 people at a time she's making a good sum for herself. Quote Link to comment Share on other sites More sharing options...
GarethDavies Posted September 4, 2018 Report Share Posted September 4, 2018 There are a lot of scammers and a lot of over expensive services. I have narrowed the options down and work with good value for money proper immigration lawyers. If you ever need any advice, I'm always happy to let you know who I can recommend. Cheers Quote Link to comment Share on other sites More sharing options...
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