Australian Migration Firm's Liquidation Leaves Visa Applicants Thousands of Dollars Out of Pocket

Visa applicants say they are thousands of dollars out of pocket after an Australian migration law firm went into liquidation, leaving their applications unresolved.

Melbourne-based business Gold Migration Lawyers went into liquidation yesterday, after the firm emailed customers late on Friday telling them they would stop providing legal services.

"We are no longer able to act on your matter," it said in an email seen by the ABC.

"You must engage another legal representative or registered migration agent urgently."

Customers said the liquidation left them facing uncertainty and in the dark about the status of their visa applications.

Larrae Sullivan and her partner Atunaisa Koroikata paid Gold Migration Lawyers $7,700 between May and July last year to lodge and progress a partner visa.

The money went into a trust account, which the firm later drew on for services, and Ms Sullivan can't access the funds.

"We're left with no money to hire another lawyer. My partner's visa hasn't been approved," she said.

Ms Sullivan and her partner have a baby, and the couple is worried Gold Migration's liquidation will delay their application.

"We haven't even been able to work out how to get access to our application, how to upload documents," Ms Sullivan said.

Her partner's temporary work visa expires in September and in the worst-case scenario, he would have to leave Australia, she said.

"It's devastating."

Another customer, David Sánchez, said he and his parents paid about $20,000 for Gold Migration to progress their protection visa applications over about 18 months.

"I'm afraid if they have not submitted everything from our end," he said.

Mr Sánchez, from Beverly Hills in Sydney's south, said they were told their application would be decided by a court, but did not receive detailed information.

"I have no idea what they have submitted before, so I'm just wondering what's in the system in [the Department of] Home Affairs," he said.

"Honestly, we have no idea which court we have to go [to]."

Mr Sánchez said they had spent their savings on the lawyers.

"And honestly, we're just disappointed. My father and my mother, they are very desperate,"

"They don't know what to do."

Firm's final message to customers

Gold Migration's website has been taken down and its phone number no longer operates.

The ABC contacted Gold Migration's director for comment.

Its Facebook page said the business had expertise in partner visas, protection visas, work visas and visa refusal cases at the Administrative Appeals Tribunal.

"Our immigration lawyers demystify Australia's complicated migration rules and policies to find practical solutions for our clients," it said.

Gold Migration told customers in its email that it would notify the Department of Home Affairs it was withdrawing as their legal representative.

"Once the department processes this withdrawal, correspondence on your matter should go directly to you at the address held on the department's file," it said.

"If your matter is before the Administrative Review Tribunal, a notice of withdrawal is also being lodged with the tribunal."

But the business warned customers not to assume the department or the tribunal would contact them "in time".

"Missing a deadline from the department or the tribunal can result in your application being refused, your visa being cancelled, or your review being dismissed, and may have serious consequences including removal from Australia.

"We recommend you contact the department and the tribunal directly to confirm they have your correct contact details and to ask about the status of your matter and any upcoming deadlines."

The ABC sought comment from the liquidator LangdonGrant, which was appointed to wind up Gold Migration Lawyers.

What next for applicants?

Experts said visa applicants could gain access to their applications with the Department of Home Affairs in situations where their legal representatives went out of business.

Sean Dong, director of ProActive Legal and an immigration lawyer, said applicants should create their own online ImmiAccount with the department, link it to their application and make themselves the point of contact.

Applicants would need details such as the application ID and transaction reference number.

"After [linking] it, they can immediately see all the previous communications from the department," he said.

Mr Dong said applicants yet to find a new representative should also upload forms removing their previous lawyer as their representative and making themselves the point of contact.

"Managing this can be tricky, so the best practice is probably for them to find a new representative," he said.

Mr Dong said money that customers paid into a law firm's trust account was not an asset of the business and not subject to creditors during liquidation.

"If [applicants] find a new lawyer, the new lawyer can probably contact the liquidator or Victorian Legal Services Board and commissioner to transfer the trust money balance to their account for the client to continue being serviced."

However, the amount customers received would depend on how much the law firm had already billed.

"Otherwise … if [applicants are] in financial difficulty, it may be worth it for them to ask for lawyers or migration agents who are willing to take over the case on a pro bono basis for now at least."

The Department of Home Affairs has been contacted for comment.