Professional negligence is a breach of the duty of care between professionals and their clients.
The duty of care is a common law arrangement where the client expects a level of professionalism and standards commonly held by those in the profession.
RSG lawyers has successfully represented clients in obtaining compensation from their former service provider.
Migration Law Negligence
In particular, RSG Lawyers has handled matters where migration agents have not taken reasonable skill and care when they provided migration law advice.
Migration Agents are bound by the Migration Code of Conduct.
You can view the Code of Conduct here: https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf
There are also a number of offences under the Migration Act and the Migration Regulations 1994 (the Migration Regulations) that deal with the kind of activity covered by the Code.
These activities include misleading statements and advertising, practising when unregistered and misrepresenting a matter.
Provisions of the Crimes Act 1914, the Criminal Code Act 1995 and the Australian Consumer Law may also apply to these activities.
Remember, just because your visa has been refused does not mean that you are not entitled to financial compensation. An assessment will need to be conducted on the instructions you provided to the Migration Agent, the advice given to you, the resultant communication to and from the Department of Home Affairs and all the circumstances in which the advice was given to you.
It is mandatory that Migration Agents hold valid indemnity insurance.
You may be concerned that the Migration Agent does not have enough money to pay for your claim of compensation but the indemnity insurance covers their liability to pay compensation (if the damage can be proven).
Legal Action and or Complaint to OMARA
You may also be able to pursue a complaint against the Migration Agent at the Tribunal or Courts to seek an order against the Migration Agent.
Further, you may be able to make a formal complaint to the Migration Agents Registration Authority (MARA) about wrongful conduct of the Migration Agent.
Our office has assisted many visa applicants who have been given negligent migration law advice by their former migration agent and we have successfully recovered financial compensation on behalf of our clients.