S57 Natural Justice Letter Australia

What Is Natural Justice?

Natural justice is a fundamental principle of procedural fairness.

In the context of a visa application, it generally means that an applicant should have an opportunity to respond to relevant adverse information before a decision is made where the applicable statutory procedure requires that opportunity.

Section 57 specifically deals with certain information that the Minister considers could be a reason, or part of a reason, for refusing the visa.

The information must generally:

• Be relevant to the visa decision
• Be specifically about the applicant or another person
• Not merely concern a general class of applicants
• Not have been provided by the applicant for the purpose of the visa application
• Be information that the Minister considers could be a reason, or part of a reason, for refusing the visa

Where section 57 applies, the Minister must give particulars of the relevant information, explain why it is relevant as far as reasonably practicable, and invite the applicant to comment.

Why Might You Receive a Section 57 Letter?

A Section 57 letter can arise when the Department obtains information from another source that may affect your visa application.

Depending on the circumstances, the concerns may relate to matters such as:

• Information received from a government authority
• Concerns about employment or work history
• Information about qualifications or claimed experience
• Information concerning a relationship
• Sponsorship or nomination concerns
• Identity or document issues
• Character-related information
• Previous immigration history
• Information suggesting that information provided in the application may be inaccurate
• Information concerning another person that is relevant to your application
• Other adverse information obtained independently by the Department

The precise reason will depend on the contents of the letter and the visa subclass.

What Does a Section 57 Letter Usually Contain?

A Section 57 notification generally identifies the information that may adversely affect the visa application.

The Department should provide sufficient particulars of the relevant information and, as far as reasonably practicable, explain why it is relevant to consideration of the application. The applicant is then invited to provide comments.

The letter may also specify:

• The issue or concern identified by the Department
• The relevant information
• The possible impact on the visa application
• The period available to respond
• The method by which comments should be provided
• Whether supporting documents should be included

You should carefully read the entire notification before preparing your response.

Is a Section 57 Letter a Visa Refusal?

No.

A Section 57 letter is generally an opportunity to respond before the Department makes a final decision on the relevant issue.

The Department may still decide to:

• Grant the visa
• Request additional information
• Continue assessing the application
• Refuse the visa if the applicant's response does not resolve the concern

Under section 62, if an applicant is invited to comment on information and does not provide comments within the specified period, the Minister may make a decision without taking further action to obtain the applicant's views.

This makes it important to respond within the timeframe specified in the notification.

How Should You Respond to a Section 57 Letter?

A response should address the Department's concerns directly and accurately.

A strong response should generally:

1. Identify Each Concern

Read the Section 57 letter carefully and identify every issue raised by the Department.

Do not respond only to the most obvious concern while overlooking another issue in the letter.

2. Explain the Relevant Facts

Provide a clear and chronological explanation of what actually happened.

Avoid unnecessary information that does not address the Department's concern.

3. Provide Supporting Evidence

Where appropriate, provide documents that support your explanation.

Depending on the issue, evidence may include:

• Employment records
• Payslips
• Bank statements
• Tax records
• Qualification documents
• Skills assessment evidence
• Employment references
• Contracts
• Relationship evidence
• Travel records
• Identity documents
• Government correspondence
• Statutory declarations
• Other independent evidence

4. Correct Any Errors

If the information relied upon by the Department is incorrect, explain precisely what is incorrect and provide evidence supporting your position.

5. Address the Legal Issue

Where appropriate, the response should explain why the information should not prevent the applicant from satisfying the relevant visa criteria.

The response should be based on the particular visa subclass and the legal provisions applicable to the application.

What If the Department's Information Is Correct?

Do not provide false or misleading information simply because the Department has raised a concern.

If the information is substantially correct, the appropriate approach is to explain the circumstances honestly and provide any relevant context or evidence.

Providing false or misleading information can create additional immigration problems and may have consequences under Australian migration law.

What If You Disagree With the Department?

If you believe the Department's information is incorrect, incomplete or misunderstood, clearly explain why.

For example, you may need to:

• Identify the specific statement you dispute
• Explain what actually occurred
• Provide documentary evidence
• Explain inconsistencies
• Provide evidence from independent sources
• Clarify dates or employment history
• Correct factual errors

Avoid simply stating that the Department is wrong. A detailed explanation supported by reliable evidence is generally much more useful.

How Much Time Do You Have to Respond?

The response period will be stated in the Section 57 notification.

You should treat the deadline seriously.

Section 58 provides the framework for invitations to give additional information or comments. Depending on the invitation, comments may be requested in writing or through an interview or telephone process. Where comments are requested otherwise than at an interview, the invitation specifies the period in which they are to be provided.

If you cannot respond within the specified timeframe, obtain professional advice immediately and consider whether there is an appropriate way to request additional time.

Do not assume that an extension will automatically be granted.

Can You Submit Additional Evidence?

Where relevant, additional evidence can be important in responding to a Section 57 concern.

The evidence should be directly connected to the issue raised in the letter.

For example, if the Department questions claimed employment experience, the response may need to provide reliable evidence establishing:

• Employer details
• Position held
• Employment dates
• Hours worked
• Salary
• Duties performed
• Payment history
• Relevant tax or employment records

The appropriate evidence will depend on the concern raised.

Section 57 and False or Misleading Information

A Section 57 concern can sometimes involve questions about whether information provided in a visa application is accurate.

This should be treated very seriously.

Australian migration law contains provisions dealing with false or misleading information and bogus documents, including Public Interest Criterion 4020 in relevant visa applications.

If the Department raises concerns about the authenticity or accuracy of documents or information, the response should be carefully prepared and supported by genuine evidence.

Never submit altered, fabricated or misleading documents in an attempt to resolve a Section 57 concern.

Section 57 and Natural Justice

Section 57 is part of the statutory code governing procedural fairness in visa decision-making.

Section 51A provides that Subdivision AB of Division 3 of Part 2 is an exhaustive statement of the requirements of the natural justice hearing rule for the matters it covers.

This means that a Section 57 issue should be assessed according to the specific statutory framework rather than relying only on general concepts of natural justice.

Whether section 57 applies, what information must be disclosed and what procedural requirements apply can depend on the circumstances of the visa application.

What Happens After You Respond?

After receiving your response, the Department may consider:

• Your written explanation
• Supporting documents
• Any corrections or clarifications
• Other information already held on the application
• The relevant visa criteria
• Any applicable migration legislation and policy

The Department may then continue processing the application or make a decision.

A response to a Section 57 letter does not guarantee that the visa will be granted.

What If Your Visa Is Refused After a Section 57 Letter?

If the Department refuses your visa after considering your response, you should carefully examine the visa refusal notification.

Depending on the visa subclass and the circumstances, the refusal may carry a right to review by the Administrative Review Tribunal (ART).

Review rights are not the same for every visa refusal.

The refusal notification should be checked carefully for:

• Whether the decision is reviewable
• Who can apply for review
• The review deadline
• Where the review application must be made
• Any other applicable requirements

If you receive a refusal, obtain professional advice promptly because review deadlines can be strict.

Why Professional Assistance Can Be Important

A Section 57 response is more than simply writing a letter to the Department.

The response may need to address:

• The exact adverse information
• The relevant visa criteria
• The source and reliability of the information
• Factual inconsistencies
• Documentary evidence
• Previous immigration history
• Potential consequences of the Department's concern
• Any relevant provisions of the Migration Act or Migration Regulations

A poorly prepared response may fail to address the actual issue raised by the Department.

How The Visa Can Help

At The Visa and Education Services Pty Ltd, we can assist with assessing and responding to Section 57 Natural Justice Letters.

Our assistance may include:

• Reviewing the Section 57 notification
• Identifying the Department's concerns
• Reviewing the visa application and supporting documents
• Identifying inconsistencies or evidentiary gaps
• Preparing a structured response
• Organising supporting evidence
• Addressing relevant migration law
• Providing clarification and submissions to the Department
• Advising on potential visa refusal and review implications

Received a Section 57 Letter?

Do not ignore a Section 57 notification or assume that receiving one means your visa will be refused.

The response should be accurate, evidence-based and specifically directed to the concerns identified by the Department.

Registered Migration Agent: Navneet Kaur (MARN 2318181)

Contact The Visa and Education Services Pty Ltd for professional assistance with your Section 57 Natural Justice response.

Disclaimer: This page provides general information about section 57 of the Migration Act 1958 and is not legal or migration advice for an individual case. The application of section 57 depends on the visa subclass, circumstances and applicable legislation. If you have received a Section 57 notification, obtain professional advice promptly and check the deadline stated in your letter.