S57 Natural Justice Letter

Have you received a Natural Justice letter from the Department of Home Affairs?

Section 57 of the Migration Act 1958 (the Act) requires the Department of Home Affairs to give you particulars of certain adverse information, explain why it is relevant, and invite you to comment, before it refuses your visa application on the basis of that information.

What to do if you’ve received a s57 natural justice letter?

Read the letter carefully to understand exactly what information the Department is relying on and why it may lead to the refusal of your application. The concern may be that information or documents you provided appear to be inaccurate or misleading, or that information from another source (for example a previous visa application, an employer or an education provider) is inconsistent with your claims.

Regardless of the situation, it is important to promptly seek advice on how to respond to the Department. The response period is set out in the letter, commonly 28 days for applicants in Australia, but sometimes shorter. If you need more time, ask for an extension in writing before the deadline.

How can VisaEnvoy help?

VisaEnvoy migration agents and lawyers have assisted many visa applicants to respond to natural justice letters, leading to the approval of their visas.

Our process begins with a careful review of the natural justice letter and your application. We then give you tailored advice on your best course of action.

If the Department’s concerns are unfounded or inaccurate, we prepare written submissions supported by evidence to show why the information is wrong or should not lead to refusal.

In some situations, we may recommend withdrawing the visa application to avoid a section 48 bar, an exclusion period (re-entry ban) or a PIC 4020 finding.

If you would like guidance on how to respond to a natural justice letter, contact VisaEnvoy today. Our team of immigration lawyers and registered migration agents is here to assist you.

Natural justice under section 57: why it matters

Natural justice, also called procedural fairness, is a basic principle of Australian administrative law. It means that a person affected by a government decision should have a fair opportunity to respond to adverse information before the decision is made, and that the decision maker should be unbiased.

What section 57 requires

For visa applications, the Migration Act sets out a code of procedure that replaces the general common law rules. Section 57 is a key part of that code. Before refusing an application, the Department must:

give you particulars of any “relevant information” that would be the reason, or part of the reason, for refusing the visa;
make sure, as far as reasonably practicable, that you understand why it is relevant; and
invite you to comment on it.

Section 57 does not cover every piece of information. For example, it does not apply to information that is not specifically about you (for example general country information), or to information you gave the Department yourself as part of the application. For many applications made outside Australia without review rights, the section 57 obligation does not apply at all, although the Department may still choose to invite comment.

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Key elements of a section 57 letter

The information: the letter should set out the particulars of the adverse information the Department is relying on, such as inconsistent work history, a document that could not be verified, or a previous visa application.
Why it is relevant: the letter should explain how the information could lead to refusal, for example that you may not meet a visa criterion, or that PIC 4020 may apply.
The deadline: the letter sets a time to respond. The Department can decide your application once the time has passed, even if you have not replied.
How to respond: responses are usually uploaded to ImmiAccount or sent by email, as instructed in the letter.

How to write a strong response

Answer every concern: address each item in the letter separately, clearly and honestly.
Provide evidence: include documents that support your explanation, such as payslips, tax records, statutory declarations, letters from employers or education providers, or expert reports.
Correct errors early: if information in your application was wrong, explain how the error happened. An honest correction can sometimes avoid a finding that you gave false or misleading information.
Consider the consequences: think about what happens if the visa is refused, including review rights at the Administrative Review Tribunal (ART), the section 48 bar and any exclusion period, before deciding whether to respond or withdraw.

Related letters

A section 57 letter is different from a request for more information under section 56, which simply asks you to provide further documents. If the Department is considering cancelling a visa you already hold, it will usually send a Notice of Intention to Consider Cancellation instead.

If your visa is refused

If the Department refuses your application after considering your response, check your decision letter for review rights. Most onshore refusals can be reviewed by the ART within 28 days. The ART can consider new evidence, so it may be possible to fix problems that were not resolved at the Department stage.

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s57 Natural Justice letter FAQs

What is s57 Natural Justice?

s57 Natural Justice letter also known as an ‘Invitation to Comment on (Adverse) Information’ letter which is sent by the Department of Home Affairs (DHA), when the assessing officer has doubts about the information or documents provided.

What is natural justice immigration?

a legal term used when the Department is considering refusing your visa application, or cancelling your visa, and gives you an opportunity to comment before it decides. For visa applications this is usually a section 57 letter, and for cancellations it is usually a notice of intention to consider cancellation.

Is natural justice and procedural fairness the same?

Procedural fairness is also known as ‘Natural Justice’. Both terms are used interchangeably. It requires a procedurally fair hearing and an unbiased decision being made. All parties to a complaint (complainant and respondent) must be afforded natural justice.

Can I be banned from Australia?

DHA might apply a re-entry ban (exclusion period) if you: don’t comply with your visa conditions. don’t leave Australia before your visa expires. don’t maintain a valid visa while in Australia. Depending on the adverse information DHA may refuse your application and you may be subject to a re-entry ban also known as an ‘exclusion period’.

How long do I have to respond to a natural justice letter?

The time is stated in the letter. Applicants in Australia are commonly given 28 days, but it can be shorter. If you need more time, ask for an extension in writing before the deadline.

What happens if I do not respond?

The Department can decide your application without your comments once the deadline has passed. This usually means the application is refused, and the adverse finding may affect future applications.

Should I withdraw my application?

Sometimes withdrawing before a decision is made can avoid a refusal and its consequences, such as the section 48 bar. However, withdrawing also means you lose any review rights. Get advice before you decide.

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