migration agent

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.

Book in a consultation with one of our lawyers today to find out more. BOOK A CONSULTATION

Was this article helpful?

Yes
No
Thanks for your feedback!

    Tell us about your issue, we are here to help you









    Our expert lawyers who will help you

    We are a leading migration agency law firm located in Sydney, Australia. Contact our lawyer & consultants for immigration, work, business, or other related visa requirements & queries.

    Mei Guo

    Partner Solicitor | Head of Immigration
    We are a leading migration agency law firm located in Sydney, Australia. Contact our lawyer & consultants for immigration, work, business, or other related visa requirements & queries.

    Amy Sun

    Graduate Solicitor

    Need to consult with us? Book an appointment today.

    Our team will give you expert advice that has been specifically tailored to your case.

    Successful Cases

    Related news

    PR

    Dreaming of Australia? How to Migrate to Australia Based on Your Life Stage

    2025/06/27 | BL Migration Team
    Australia is a popular migration destination known for its stunning natural landscapes, excellent healthcare and education systems, and high quality...
    READ MORE
    AU Visitor Visa Refusals Reasons

    Australian Visitor Visa Refusals Surge: What Travellers Need To Know

    2025/06/17 | BL Migration Team
    Surging rejection rates of Subclass 600 Visitor visas are catching tourists and families off guard – here’s why, and what...
    READ MORE
    NIV Updates by NSW Government
    Business Visa NIV PR

    National Innovation Visa: NSW Sets the Bar for World-Class Talent

    2025/06/10 | BL Migration Team
    The NSW Government has released new details on its approach to nominating candidates under the National Innovation Visa (NIV) program,...
    READ MORE

    How we will help

    Free Assessment

    Please call us or fill in the questionnaire here for a free initial assessment. After a simple communication, we will understand your concerns and visa requirements in detail, and then provide a timely and comprehensive professional consultation with tailor-made plans.

    Consultation

    Our consultations are typically 45-60 minutes long, which allows us to provide you with a detailed strategy to address the needs and concerns you raised with us during the initial call.

    Our fee is $400 + GST for the full session. You can book in a consultation by calling us, emailing us or filling in the Contact Us form.

    Developing and Managing a Strategy

    During our consultation session, we will go through in more detail your background and circumstances to ensure that we can provide a tailored solution to your problems and making sure that you meet all the legal requirements. If we notice any potential issues, we will also immediately formulate a solution.

    We’ll also balance time required, cost and difficulty and allow you choose the most appropriate strategy. We will then attend to all visa application matters on your behalf.

      Tell us about your issue, we are here to help you









        Subscribe to our Newsletter

        You will receive the latest immigration news and policy updates. You will also get the notification of
        our upcoming webinars & events