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Discussion Starter · #1 ·
I had applied for a 189 visa through my migration agent in Sept. 2014. My CO asked for the documents in Nov. 2014 and I forwarded them to my agent for onward submission to the CO.

I had two skill assessment letters - both with same reference nos. but different dates. My initial assessment was -ve as I had taken the General IELTS test instead of the Academic one and so I took the latter and applied for a skills re-assessment which was +ve.

My migration agent mistakenly sent the -ve assessment letter only despite the fact that its date was different from the later one which I mentioned in my visa application. Unfortunately the CO didn't notice the difference in the dates between the letter stated in my visa application and the one provided by my agent and based on the letter provided refused my visa application without asking for any clarification or giving me the opportunity to provide the letter.

My agent took up the matter both with DIBP and the Ombudsman but just last week, the Ombudsman stated that the CO acted as per law and while the error was unfortunate, there was nothing they could do.

Its nearly impossible to take any successful legal action for practical purposes against my agent in my country. He's also claiming that he is applying for a refund although I doubt my visa application fees can be refunded because both DIBP and the Ombudsman have replied in the negative.

Aside from re-applying again on my own, do I have any options for claiming a refund of my visa application fees?

Its just strange that both the agent and the CO made mistakes and yet I am the one who bears the brunt of the agent fees, visa application fees, associated costs (IELTS,skill assessment, medicals).
 

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If you went with a registered migration agent (MARA registered) then you would have recourse to file a complaint to get your fees back since they made an error in your application that resulted in the denial. If they were not MARA registered then there's not much you can do if there are no legal options available to you in your own country.
 

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What a grave mistake, that agent wasted your life time opportunity and acting naive.

I suggest you to drag him to the court or complain him to DIBP atleast !
 

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Discussion Starter · #4 ·
If you went with a registered migration agent (MARA registered) then you would have recourse to file a complaint to get your fees back since they made an error in your application that resulted in the denial. If they were not MARA registered then there's not much you can do if there are no legal options available to you in your own country.
In my country the legal options for claiming damages are almost non-existent practically. While my agent is an overseas MARA registered one, he's not claiming full responsibility as he reckons that the CO is to blame partly as he should have asked for the skill asst. letter mentioned in the visa application or at least asked for a clarification. So if I even went in and lodged a complaint, he'd blame the CO and then the process would just linger on and on IMO. Moreover he's giving me BS about proceeding for claiming a refund of my application fees which I doubt will be successful and is just time wasting on his part.
 

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In my country the legal options for claiming damages are almost non-existent practically. While my agent is an overseas MARA registered one, he's not claiming full responsibility as he reckons that the CO is to blame partly as he should have asked for the skill asst. letter mentioned in the visa application or at least asked for a clarification. So if I even went in and lodged a complaint, he'd blame the CO and then the process would just linger on and on IMO. Moreover he's giving me BS about proceeding for claiming a refund of my application fees which I doubt will be successful and is just time wasting on his part.
You should contact MARA to see what your options are.
 

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What was the name of your Agent ? I hope it was not AINIT
 
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