The former migration agent of the applicant failed to disclose his family members in the primary application. This caused the subsequent entrant application to be refused.
The case of Menina (Migration) [2002] AATA 1031 (30 March 2022) demonstrates the importance of disclosing the details of your family members in your student (subclass 500) visa application.
Facts
In November 2019, the Applicant applied for a student visa and that visa was subsequently granted to her. In February 2020, her partner sought to apply for a subsequent visa as a dependant to join her in Australia. This dependent application failed because he was not declared as the Applicant’s partner in her original application.
Although the Applicant had informed the migration agent of her partner’s details, the migration agent failed to do so due to an oversight.
The Tribunal affirmed the Department’s decision as details of an existing family member must be disclosed on the initial student visa application; otherwise, they are not eligible to be granted a subsequent visa.
What if the migration agent was negligent?
Applying the common law principles of agency, where an agent is acting on behalf of an applicant, the actions of the agent, such as the lodgement of the application form, may be taken to be the actions of the applicant.
So, no, you cannot put the blame on the migration agent. Even though the migration agent was negligent, the Applicant is bound by their actions as their omission is taken to be their omission too.
Conclusion
Hence, it is extremely important that you choose a professional migration agent or immigration lawyer. Do not rely solely on them. You must check the application form and lodgement details before your representative lodges any application.
At Brightstone Migration, we take all applications seriously. All our clients must check and review all letters, application forms and submissions before we submit this to the Department.
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