The federal government has granted a last-minute visa extension to a Sydney man who was being forced to leave the country because of a failure by his immigration agent.
Mohamed Barghachoun, who is deaf, paid more than $1,500 to migration agent Paul Jeffery Smith to help lodge his partner visa.
He later discovered the agent had taken his money and not finished the application.
The Department of Home Affairs told Mr Barghachoun late last year that he had missed all avenues of appeal, and he must return to Lebanon, leaving his Australian wife and three young children behind.
After the ABC published a story on Friday, immigration lawyers offered the family pro bono help.
The Department of Home Affairs extended Mr Barghachoun's bridging visa for another three months, 24 hours before he was due to get on a plane.
Mr Barghachoun's wife, Jihan Merhi, who is also deaf, is calling on Immigration Minister Andrew Giles to intervene and grant her husband a permanent visa.
"I just ask you minister, please help my husband stay here with me and my kids," she said.
"It is not our fault. Paul Jeffery Smith messed up my life, why must [Mohamed] leave?"
Ms Merhi said she was "very happy" her husband had been granted a bridging visa extension, but was worried her family would be in the same situation in three months.
Ms Merhi grew up in Australia and met her husband online while he lived in Lebanon, connecting over their shared disability.
The couple has had difficulty dealing with department officials, as they can only communicate in writing or in Auslan, and cannot speak over the phone.
Immigration lawyer David Stephens said he had seen a dozen cases a year where visa applications are rejected because migration agents miss strict deadlines.
"It's definitely a serious problem. The law doesn't allow for any flexibility," he said.
"And the applicant suffers the consequences."
Documents seen by the ABC showed the Department of Home Affairs tried to contact their agent six times between 2019 and 2022, but received no response.
Mr Barghachoun said he was never told Mr Smith was not responding.
An immigration lawyer acting pro bono for the family is seeking a review of Mr Barghachoun's visa rejection in the Administrative Appeals Tribunal.
The Office of Migration Agents Registration Authority (OMARA) is unable to investigate an agent without an official complaint.
Mr Smith's registration with OMARA lapsed in February 2022.
Mr Smith was contacted for comment.
