Aussie court orders SL lawyer to return visa fees

A Sri Lankan professional has secured a court order in Australia against a wellknown Sri Lankan immigration lawyer for failing to properly file her skilled visa application.

In the first instance, the Magistrate Court of Western Australia in November 2013 ordered the lawyer, who advertises his services heavily in Sri Lanka and has a large clientele, to settle the plaintiff within 30 days. The order, a copy of which was received by the Business Times, reveals that both parties including the lawyer had consented to the order.

The matter remained unsettled. The case was re- filed in Victoria Magistrate Court – in April this year and a warrant was issued in June to seize the properties of the defendant.

The plaintiff, who requested anonymity, said she filed the visa application in September 2011 which was rejected due to the ‘ negligence and negligence and misinterpretation’ of the case by the lawyer. A refund was sought for all expenses charged by the lawyer but there was no response. The agent (lawyer) was withdrawn from the application process as advised by the Australian Department of Immigration and Citizenship (DIAC). “The agent charged agency services but most of the work for the application was completed and undertaken by myself. I was negligently given the wrong advice which led to the rejection of my application,” said the plaintiff who then filed a complaint with the Migration Agents Registration Authority (MARA).

An investigation by MARA concluded that the agent had in fact been negligent in the case and disregarded policy leading to the refusal of the skilled immigration visa. The plaintiff then represented herself with the DIAC for the Skilled Immigration visa with the ‘ correct supporting documents’ and was granted a visa in March 2013. “I can manage without the refund but I re- filed the case in Western Australia to expose agents who dupe Sri Lankans,” she said.