It covers only information that is specifically about you or another person and that you did not give for the application, and the Department must explain why it matters to your case.
An applicant in Australia usually has 28 days from notification to respond in writing (7 days if the invitation is given at an interview or by phone), so fix the due date first and answer every point the letter raises.
Section 57 applies across visa applications, not only partner visas. In a partner application, the concern may involve sponsorship, conflicting relationship accounts or document integrity. The current Migration Act 1958 text has no onshore-only limit.
What the letter must contain
Under section 57(2) of the Migration Act 1958, the Department must give particulars of the relevant information, explain its relevance as far as reasonably practicable, and invite you to comment.
Days to respond
Section 58 of the Migration Act 1958 and regulation 2.15 of the Migration Regulations 1994 set these periods: 28 days after notification of a written invitation in Australia; 7 days for an invitation at interview or by phone; 5 days in immigration detention; outside Australia, the reasonable period stated. An extension in Australia is 7 days, or 5 days in detention. Home Affairs’ Partner visa FAQs say to request extra time before the deadline.
What to send back
Answer each item of relevant information with supporting evidence. Withdrawing before a decision under section 49 of the Migration Act 1958 has application, fee and bridging-visa consequences, which an Australian migration lawyer can explain before you act.
What is a s57 natural justice letter?
A s57 natural justice letter is an invitation to comment on adverse information, rather than a refusal decision. “Natural justice letter” and “procedural fairness” describe the process; section 57 of the Migration Act 1958 uses the words “relevant information” and “invite the applicant to comment”.
Under section 57(1), relevant information excludes non-disclosable information and must meet all three conditions:
- The Minister considers it would be the reason, or part of the reason, for refusing the visa.
- It is specifically about you or another person, not just about a class of people.
- You did not give it for the purpose of the application.
Section 57(2) requires particulars of that information, an explanation that helps you understand its relevance as far as reasonably practicable, and an invitation to comment. Section 58(1) says the invitation must specify whether you are to comment in writing, at an interview or by telephone.
Read the concern and its explanation together. Your response should address why the information could support refusal, not merely provide more general material about your application.
What does a natural justice letter mean for your chances?
No, a s57 letter is not a refusal. It means the Minister holds information that could support refusal and is giving you an opportunity to answer it under section 57(2) of the Migration Act 1958.
It is also not an indication that a grant is assured. After considering your comments, the Minister must still be satisfied that the requirements for grant are met under section 65 of the Migration Act 1958. Answering one concern does not remove the need to meet the remaining criteria.
Focus on the particular information and the evidence needed to answer it, rather than trying to infer an outcome from the letter’s label.
How long you have to respond
Usually 28 days after notification for a written invitation in Australia. A s57 invitation uses the same section 58 framework as a section 56 request. Regulation 2.15(1) of the Migration Regulations 1994 sets the prescribed periods.
Your circumstances Response period In Australia, written invitation, not detained 28 days after notification In Australia, invitation given at interview or by phone, not detained 7 days In immigration detention 5 days Outside Australia The reasonable period specified in the invitation These periods come from section 58(2) of the Migration Act 1958 and regulation 2.15(1). Check the invitation’s stated deadline against your location, detention status and notification method.
Notification is not necessarily the day you read the letter. Section 494C of the Migration Act 1958 generally treats an email as received at the end of the day it was sent, and an ImmiAccount document at the end of the day it was made available. For post within Australia, deemed receipt is seven working days after the document’s date.
Under section 58(4) and regulation 2.15(4), an extension may be allowed: seven days in Australia if not detained, five days in detention, and seven days outside Australia—or 28 days if the Minister decides.
Home Affairs’ Partner visa FAQs direct applicants to request an extension through the Partner Processing Enquiry Form before the deadline, with evidence of steps taken to obtain the requested material. Do not assume that sending a request changes your due date.
How to respond to adverse information
The task is to respond within the period set. The following six steps explain the work involved and the consequences, and an Australian migration lawyer can check each one before you act.
List every item and why it matters. Use the letter’s order. For each concern, record the information, the Department’s explanation and what you need to answer. Section 57(2)(a)–(b) of the Migration Act 1958 requires particulars and an explanation of relevance.
Decide whether each item is wrong, incomplete or needs context. Separate disputed facts from facts you accept. Explain precisely what is incorrect or missing. Avoid a blanket denial that leaves dates, statements or documents unanswered.
Support each answer with checkable evidence. Use relevant documents, records or statutory declarations. Identify the attachment supporting each point and explain what it shows. A short chronology can help distinguish an earlier situation from a later change. Do not bury the answer in unrelated relationship material.
Do not repeat an earlier incorrect answer. Schedule 4 clause 4020 of the Migration Regulations 1994 addresses bogus documents and false or misleading information in a material particular. A refusal under its non-identity limbs can create a three-year exclusion affecting the applicant or family-unit members, subject to the criterion’s exceptions and waiver.
Clause 4020(3) applies whether or not the Department learned of the problem from you, so correcting an answer does not by itself resolve PIC 4020. Where the criterion is not met, the response needs to address any available clause 4020(4) waiver: compelling circumstances affecting Australia, or compassionate or compelling circumstances affecting an Australian citizen, permanent resident or eligible New Zealand citizen. The identity limbs cannot be waived.
Send the response as directed and keep proof. Follow the invitation’s required method and period. Keep the response, attachments and submission confirmation together. Under section 62 of the Migration Act 1958, the Minister may decide without information not provided within the allowed time.
Check the consequences of withdrawing before a decision. Section 49(3) of the Migration Act 1958 means withdrawal before refusal is not a refusal for the section 48 bar; it does not erase an earlier refusal or cancellation.
Home Affairs’ Partner visa FAQs require withdrawal of both partner subclasses—820/801 or 309/100—in writing, with a signed statement from each applicant aged 18 or over. Removing an application from ImmiAccount is not withdrawal.
Section 49(4) makes fees non-refundable on withdrawal unless the Regulations provide otherwise. Home Affairs’ Withdraw a visa application page states that a BVA granted on or after 19 November 2016 ceases 35 days after withdrawal. Check your own visa position before choosing this option.
Common s57 issues in partner cases
The sponsor withdraws sponsorship or reports that the relationship has ended. Home Affairs’ Partner visa (subclass 820), sponsor information says the Department must tell the applicant and allow a response, and the applicant “may still be eligible”; the Migration Regulations 1994 contain family violence, child-of-the-relationship and death-of-sponsor provisions that may apply.
A sponsor’s or third party’s account conflicts with yours. Such information may meet section 57(1)(c) of the Migration Act 1958 because you did not give it for the application. Address the specific conflict, including dates and supporting records.
The Department raises PIC 4020 concerns. Clause 4020(1) and (5) of the Migration Regulations 1994 concerns bogus documents or materially false or misleading information about the application or a visa held in the preceding 12 months. A PIC 4020 waiver is limited to the non-identity limbs.
An independent expert gives a negative opinion on a family violence claim. Regulation 1.23(10)–(14) of the Migration Regulations 1994 allows the applicant to comment on that opinion.
FAQ
Is S57 positive or negative?
Neither. Section 57(2) of the Migration Act 1958 means the Department holds information that would support refusal and must give you an opportunity to answer it first. Treat it as a concern requiring a response, not an outcome.
What are my chances of getting a visa after receiving an S57 Natural Justice letter?
The outcome depends on the relevant information, your response and whether the grant requirements are met. Sections 57 and 65 of the Migration Act 1958 provide for comments before decision and grant only where the Minister is satisfied the requirements are met. The letter alone cannot tell you the result.
What is the difference between S56 and S57?
Section 56 of the Migration Act 1958 gathers further information; section 57 puts relevant adverse information to you for comment. Both use the section 58 response framework and regulation 2.15 periods.
How long after an S57 response is a decision made?
Sections 57 and 65 of the Migration Act 1958 do not set a fixed interval between your response and the decision. Home Affairs’ Partner visa (subclass 820) page says published processing times are a guide only, not specific to your application. They are not a countdown from your s57 response.
When a s57 letter needs a lawyer
Consider legal help where the notice alleges false information, raises identity concerns, involves disputed sponsorship information or leaves little time to gather evidence. A lawyer can identify the legal concern, compare it with your earlier answers, check missing documents and organise a point-by-point response.
Under sections 57 and 58 of the Migration Act 1958, adverse information can also be put at an interview; see the spouse visa interview guide. If the Department ultimately refuses, the Australian visa refusal guide explains what follows. Where the trigger is a sponsor’s decision to withdraw sponsorship, distinguish that from your own decision to withdraw the visa application.
Ask an Australian migration lawyer to identify the adverse information in a section 57 notice, answer it with checkable evidence within the period set and assess any PIC 4020 issue before responding.