The applicant sought judicial review of a decision by the Immigration Appeal Division dismissing her appeal of a visa officer's refusal of her Family Class sponsorship application for her daughter.
The applicant alleged procedural fairness breaches due to the negligence and incompetence of her former immigration consultant, who missed the application deadline causing her daughter to age out of the dependent child category, and subsequently failed to be candid about the error while continuing to represent her in a conflict of interest.
The Federal Court allowed the application, finding that the consultant's acts and omissions constituted incompetence resulting in a miscarriage of justice.
