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SA How to Claim Compensation from Migration Agent?

Discussion in 'Immigration Law Forum' started by whereisfair, 8 June 2015.

  1. whereisfair

    whereisfair Member

    8 June 2015
    Likes Received:
    Recently my complaint on my previous migration agent has gotten a result. MARA, after 6 months of investigation, decided that the immigration agent breached the Clause 2.1 of Code of Conduct for Immigration Agents, but no further action has been taken.

    Then I emailed the previous agent to ask for compensation. Because of her fault, I couldn't get the 485 Visa on time, and I lost a fulltime work chance. In the next 18 months, I was only allowed to work 2 days per week and the income of 3 days per week is my loss. So I asked her to pay me about 46,000 dollars.

    Soon I received an email from her insurer of professional indemnity insurance, who told me that the insurance company does not think the immigration agent should pay me compensation.

    How can I claim my compensation back?

  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
    Hi Whenisfair,

    You can do the following:
    • Dispute the insurance company's decision by contacting the Financial Ombudsman Services. They are a free service that offers advice and assistance with disputes between individuals and financial institutions such as the insurance company
    • Ask the Migration Agent or their agency for compensation direction by writing a letter of claim, if they refuse, you may have an action in professional negligence. Best to contact a lawyer specialised in this field for a consultation to see if the merits of your claim are strong and worth pursuing
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