In most cases, applicants who avail themselves of migration assistance from their service provider are given documents pertaining to their visa or appeal application. This can include the submitted application form, visa/appeal payment receipt, and any correspondence with the authority where the application was lodged. However, there are instances where the service provider does not furnish copies of the material documents regarding the client’s application.
This article intends to answer some common questions when applicants are left in the dark by their service provider regarding their visa application with the Department of Home Affairs or appeal application with the Administrative Appeals Tribunal (AAT).
- My agent said my AAT appeal application has been lodged and after many attempts of requesting for any evidence of my application, my agent refuses to provide me with any information or documents. How can I be sure that my AAT appeal application was lodged?
Note that in Australia, it is illegal to provide migration advice or assistance if you are not a Registered Migration Agent (RMA) or an Australian Legal Practitioner (Lawyer). You should first check if your RMA is registered with the Migration Agent Registration Authority (MARA) at https://portal.mara.gov.au/search-the-register-of-migration-agents/ or the legal services authority for Lawyers; for example, you can check the register search at the Victorian Legal Services Board at https://lsbc.vic.gov.au/register-of-lawyers if you are dealing with a Lawyer.
Registered Migration Agents should adhere to the Migration Agents’ Code of Conduct and Australian Legal Practitioners must act in accordance with the professional conduct rules of their relevant legal authority. Under Part 3, Division 1, Subdivision C, item 39 of the Migration Agents’ Code of Conduct, RMAs have a duty to keep clients informed about the progress of immigration matters which includes giving a copy of the application, submission or representation to the client. You can find the Migration Agents’ Code of Conduct on the link below:
http://classic.austlii.edu.au/au/legis/cth/num_reg/macocr2021202101856515/
AAT appeal applicants are entitled to have access to any written document given or produced to the Tribunal for the purposes of review as per the operation of section 362A of the Migration Act 1958. This means that you can ask for a copy of your application and any documents relating to your application from AAT by filling out and submitting the Freedom of Information (FOI) form.
- My agent lodged my student visa application, but I was never given any documents regarding my application. How can I check the details of my application along with the supporting evidence provided in my application?
The first thing to do is to ask your agent to provide you the documents you are requesting for and if unsuccessful, you have the option to import your student visa application on your personal IMMI account. You should first check the service agreement your signed when you engaged your agent to assist you with your student visa application to see if there are any
consequences if you import your visa application. Some agents have a clause in their service agreement stating that importing one’s application can lead to a termination of their service agreement.
Once your application is on your IMMI account, you will be able to access your application and you will be able to see the contents of your application form, your payment receipts, your bridging visa (if applicable) and any correspondence from the Department of Home Affairs. You will also be able to see the list of evidence provided in support of your application but you won’t be able to download and view the contents of each evidence. If
you want to see the contents of each of the uploaded evidence, you should request it from the Department of Home Affairs by submitting a Freedom of Information (FOI) request.
- I checked my visa status on VEVO, it is returning an error message stating that the Department cannot confirm my visa information. Could it be that I no longer have a visa?
You should first look at your visa grant to check your visa expiry date, if the expiry date has passed and you did not apply for another visa, then you are currently not holding a visa. If you were assisted by an RMA or a Lawyer in applying for your next visa, ask for your application acknowledgement receipt and for your Bridging Visa grant (if applicable). If unsuccessful in getting your application documents from your agent, see item 2.
Should you require assistance in getting your visa information from the Department of Home Affairs or appeal documents form the AAT, it is advisable to engage a Registered Migration Agent or an Immigration Lawyer.