S57 Natural Justice

Section 57 of the Migration Act was enacted to require the Minister (or their delegates) to inform an applicant when relevant information they have supplied is thought to be false or bogus or if adverse information was provided. It also requires the Minister to provide the applicant with an opportunity to comment on the information. The requirement for the Minister to notify under this section may be activated where the visa is anticipated to be refused. Together, these requirements of notification and comment form the principle of natural justice which is required to be afforded to everyone in the decision making process. Additionally, the section works in tandem with section 58, which specifies what the invitation to comment must contain.

After submitting a response to your S57 natural justice request, you are required to wait for the Department to process your information. The wait time will vary depending on your visa type, the nature of the submission and the workload of the Department at the time of submission. Unfortunately, this means that the wait time is unpredictable and will vary on a case-by-case basis. However, ensuring that you supply accurate and appropriate information in your response will help to expedite this process. Including unnecessary documents will delay, and possibly complicate the process further. Engaging a lawyer to assist you in drafting your response will ensure that the information provided is exactly what is necessary to respond to the Department’s request.

Absolutely! The purpose of a S57 letter is to ensure that applicants are given an opportunity to defend their application in the event that it is being considered for rejection. Whilst this does mean that the Department has identified a problem with your application, it does not mean that they have reached a final decision. Section 57 of the Migration Act prohibits the Department from reaching a final decision without notifying the applicant and offering them a chance to comment. This means that where a natural justice letter is responded to appropriately, the Department may end up changing their initial opinion and approving the application. This is not unlikely, yet it required a comprehensive and well prepared response. Engaging a lawyer at this point in time is pivotal.

Generally, applicants have 28 days to respond to a natural justice letter. The exact time frame will be set out in the letter. In the event that no time frame is mentioned, a ‘reasonable period’ will apply. There is also a possibility that the Minister may extend the time frame. However, the Minister retains full discretion in exercising this power, therefore the extension should not be relied upon. Complying with time frame requirements is important, and submissions made outside of the time frame are likely to be rejected - increasing the risk of visa refusal.