Your documents are yours: getting your file back

If a professional relationship breaks down, the first practical issue is often the paperwork. Passports, police checks, translations, screenshots, forms and correspondence can be hard to replace, and delays can affect visa deadlines.

For registered migration agents, the Migration Agents Code of Conduct 2021 sets clear rules about client documents. Section 54 deals with returning documents after a request, and section 56 deals with how long records must be kept.

What section 54 says about getting documents back#

Section 54 of the Migration Agents Code of Conduct 2021 says a registered migration agent must return a client’s documents within 14 days after the client asks for them.

This rule matters when an agent is no longer acting, when a client wants to move to a different representative, or when the client simply wants a full copy of the file. The 14 days runs from the request, not from when the agent finds time to tidy the file.

The rule is about documents that belong to the client. In practice, this often includes original identity documents, civil documents, qualifications, translated documents provided by the client, and copies of application material that was prepared and lodged on the client’s behalf.

Section 54 is part of the professional rules for registered migration agents. It does not depend on whether fees are still disputed, or whether the matter ended badly. A fee dispute and a document return request are separate issues.

What an agent must return#

The starting point is simple: the client’s own documents are the client’s property. If a client gave an original or copy to the agent for migration work, section 54 requires those documents to be returned within 14 days of a request.

Items commonly returned include:

• passports and travel documents that were provided for identification
• birth, marriage and divorce certificates
• police clearances and health documents
• academic records, employment references and licences
• translations and certified copies obtained for the matter
• lodged forms and supporting documents
• Department correspondence received on the client’s behalf
• copies of submissions, statements and attachments already provided to the client or prepared for the client’s matter

If the file is electronic, returning documents may mean sending digital copies by email, secure transfer, USB or another agreed method. If the documents are physical originals, the safer approach is usually in person collection, courier or registered post.

If a registered migration agent acted under Form 956 as authorised recipient, the file may include important Department notices. Those records are part of the migration matter and are usually central to the client’s ability to continue the process with a new representative.

What an agent may keep#

Section 54 does not mean every item in an office must leave with the client. An agent may keep records they are required to keep, especially because section 56 imposes a retention obligation.

In broad terms, an agent may keep:

• their own internal office records
• conflict checks and administrative notes
• accounting records, invoices and receipts
• trust or client account records where relevant under sections 49 and 50
• copies needed to comply with legal, insurance or professional obligations
• records that support what work was done, when it was done and what was charged under sections 42, 46 and 49

A practical point is that returning a document and keeping a copy are different things. A client may receive the original passport, certificate or translation back, while the agent keeps a scanned copy on file for compliance purposes.

Working notes can be more complicated. A final lodged form, final submission or final set of attachments is usually part of the client file. Purely internal notes about office management, staff allocation or billing are different from the client’s core documents and are commonly retained by the practice.

The seven-year retention rule in section 56#

Section 56 of the Migration Agents Code of Conduct 2021 requires a registered migration agent to keep certain records for seven years.

That retention period matters for both sides. For the client, it means the agent may still hold copies long after the matter ends. For the agent, it means there is a clear compliance reason to keep a proper record of agreements, documents, work done, money received and communications.

The seven-year obligation commonly covers records such as:

• the written service agreement under section 42
• records showing the fee structure under section 46
• invoices and receipts under section 49
• client account records under section 50, if relevant
• copies of significant documents used in the migration matter
• file notes and communications relevant to the work performed

Keeping records for seven years does not cancel the duty to return the client’s documents on request under section 54. The two rules work together. The client gets their documents back, and the agent keeps the records needed for compliance.

This is one reason many practices scan everything they receive. It lets them return originals quickly while still meeting the seven-year record keeping rule.

How to ask for your file back#

A clear written request is usually the fastest way to deal with this issue. The request can list the documents wanted, ask for both originals and a full electronic copy of the file, and state where the documents should be sent.

A practical request often includes:

• the client’s full name and date of birth
• the matter reference, if known
• the date of the request
• a list of original documents to be returned
• a request for copies of lodged forms, submissions and Department correspondence
• a preferred delivery method
• a deadline that refers to section 54 and its 14 day requirement

It is sensible to keep a copy of the request and any response. If the representative is changing, it can also help to revoke or replace Form 956 promptly so future Department correspondence goes to the correct person. The rules around Form 956 sit under the Migration Act 1958, including section 312A.

Where the agent is cooperative, the handover is usually administrative. The outgoing representative returns the documents, provides a copy of the file, and any new representative can review the material and decide what further information is needed.

If the relationship has already broken down, written communication is often better than phone calls. A short email is enough if it clearly asks for the return of documents and cites section 54.

What to do if documents are not returned#

If a registered migration agent does not return documents within 14 days after a request, the first step is usually a follow-up in writing. It helps to attach the earlier request and refer again to section 54 of the Code of Conduct.

If the person was presented as a registered migration agent, it is worth confirming their registration details and MARN. VisaBid’s operator check page explains how to check whether someone is registered and what details should appear in their materials, including the MARN requirement in section 25.

If the issue is still not resolved, the next step may be a complaint through the proper complaints channel. VisaBid has a general page on complaints that explains where different kinds of conduct concerns are usually directed.

Not every person offering migration help is allowed to do it. Under section 280 of the Migration Act 1958, it is a criminal offence to give immigration assistance in Australia unless the person is a registered migration agent or an Australian legal practitioner. Charging for unregistered assistance is separately dealt with under section 281.

If a client needs a new representative, the file handover is often one of the first things discussed. On VisaBid, a person can describe the matter and get quotes from registered migration agents and Australian legal practitioners, then compare itemised pricing and scope before appointing someone new.

Why file ownership matters in real cases#

Migration matters often depend on records collected over months or years. A missing passport copy, employment letter, relationship record or police check can slow down a new application, a response to the Department or a handover to a new representative.

File access also affects transparency. The written agreement, invoices and receipts show what work was agreed, what was charged and what was paid. Those records connect to sections 42, 46 and 49 of the Code of Conduct.

For clients, having a full copy of the file can make it easier to check dates, documents and earlier statements. That matters because false documents or false information can carry serious consequences under the Migration Act 1958, including section 234, section 245AR and Public Interest Criterion 4020.

For agents, a good file return process reduces arguments and supports compliance. Returning originals promptly while keeping proper copies for seven years is usually the safest way to satisfy both section 54 and section 56.

Common questions#

Can a migration agent keep my passport until I pay the bill?#

Section 54 says client documents must be returned within 14 days of a request. A fee dispute does not change the obligation to return the client’s documents. Billing issues are usually dealt with separately through the service agreement, invoices and any complaint process.

Do I get the whole migration file or only original documents?#

Section 54 is mainly about returning the client’s documents, and in practice that usually includes originals plus copies of key file material such as lodged forms and Department correspondence. An agent may still keep copies and internal compliance records because section 56 requires records to be retained for seven years.

How long does a migration agent have to keep my records?#

Section 56 of the Migration Agents Code of Conduct 2021 requires certain records to be kept for seven years. That usually includes the written agreement, fee records, receipts, important communications and copies of material used in the matter.

What if my migration agent ignores my request for documents?#

A follow-up in writing that cites section 54 is the usual next step. If the person is a registered migration agent, their registration can be checked and a complaint may be made through the appropriate channel if the documents are still not returned.

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About this guide. This is general information about how a process works in Australia. It is not immigration assistance and it is not advice about your situation. Under section 280 of the Migration Act 1958 only a registered migration agent or an Australian legal practitioner can give you that. Government charges are indexed and most change on 1 July, so check any figure at immi.homeaffairs.gov.au, and check any agent on the OMARA register.