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Agent Suspended by MARA - Get a Refund?

Discussion in 'Immigration Law Forum' started by Tasha W, 29 April 2014.

  1. Tasha W

    Tasha W Member

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    I received MARA's decision last year that my former immigration agent is suspended for 5 years from getting a licence and the decision stated that I can get a refund from the payments I made to him.

    I was instructed by MARA to file a minor civil dispute to WA Tribunal to get a refund from the immigration agent.

    Is there any chance that WA Tribunal would decide in favor of my agent and decline my request for refund? If yes, can I file to a higher court to appeal and hopefully reverse the decision?
     
  2. rebeccag

    rebeccag Well-Known Member

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    G'day Tasha

    Have you already sent a letter of demand to your former immigration agent? (The Arts Law site has an example template letter.)

    The Arts Law info sheet on "Debt recovery – small claims procedure (WA)" seems to answer your question:
    Appeal: For minor cases not decided by a magistrate you can appeal to a magistrate in the Magistrates Court against the judgment on limited grounds. If it was a general procedure claim or a minor claim decided by a magistrate you can appeal to the District Court, but the appeal must be commenced within 21 days after the date of judgment in the Magistrates Court.

    The Civil Matters page on the Magistrates Court of Western Australia site has fact sheets for how to commence a minor claim.

    There is always a chance that things may not be decided in your favour as nothing is 100% certain, but if you follow the procedures and have the documents to back up your claim, then you're heading in the right direction.
     
  3. Tasha W

    Tasha W Member

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    Hi Rebecca,

    I think the 2nd link is more appropriate to my case because my claim is not a debt but a minor claim for damages. Thanks for the link.

    I just hope the court decides in favor of me as I already have won the case in MARA (Migration Agents Registration Authority)

    Thanks again!
     

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