What Can I Do If My Agent Failed to Upload Evidence or Tell Me About a Request?

How do I find out what my agent uploaded and what the Department sent?

An applicant finds out what their agent uploaded and what the Department sent by importing the application into their own ImmiAccount, asking the representative for the full file, and, if needed, requesting the Department's record under freedom of information. Knowing exactly which requests were sent, and on what dates, is the starting point for every other step. Our article on a partner visa FOI request explains how to obtain the complete file, including requests and internal notes.

What if my partner visa has not been decided yet?

If the partner visa has not been decided yet, the applicant can usually upload the missing evidence now, because the Department considers the information before it at the time of decision. Where a section 56 request was missed but no decision has been made, the information should be provided immediately with a short explanation. Our articles on the section 56 request and on section 56 extensions explain how late responses are handled.

What if my partner visa was refused because of the missed request?

If the partner visa was refused because of a missed request, the applicant can usually apply to the Administrative Review Tribunal, which considers the matter afresh and can receive the evidence that was never provided. The time limit is short and strictly applied, and it usually starts when the refusal was notified to the authorised recipient, not when the applicant learnt of it. Our page on partner visa refusals and our article on the ART review process explain how a review is lodged and run.

Can I change my representative during processing?

An applicant can change representative at any time during processing by telling the Department that the earlier appointment has ended and having the new representative lodge Form 956. The change does not affect the lodgement date or the charge paid. Our article on hiring an immigration lawyer after lodgement explains how the handover works.

Can I make a complaint about my representative?

An applicant can make a complaint about a representative to the body that regulates them. Lawyers are regulated by the legal profession regulator in their state or territory, and registered migration agents are regulated by the Office of the Migration Agents Registration Authority. A complaint is separate from the visa application and does not extend any Department or Tribunal deadline, so the visa position must be protected first. Applicants should keep copies of all emails and messages with the earlier representative, because they may help explain to the Department or the Tribunal why evidence was missing.

How does My Migration Lawyers step in when evidence or a request was missed?

My Migration Lawyers steps in when evidence or a request was missed by first reconstructing the full correspondence history from the Department's records, then identifying which deadlines are still open. The firm uploads missing evidence or prepares the overdue response while the application is undecided, or prepares the review application where a refusal has issued, and becomes the authorised recipient so nothing further is missed. Applicants can learn about our partner visa lawyers and request an urgent consultation through the form on this page.