S57 Natural Justice Letter
During the assessment of a visa application, if the Department of Home Affairs holds information that may be adverse to the applicant and could lead to a refusal, the applicant must usually first be given an opportunity to respond. A notice of this kind is commonly known as a section 57 natural justice letter, and may also be described in the letter itself as an Invitation to Comment on Adverse Information.
Receiving an S57 letter usually means the Department has identified an issue that could affect the outcome of the visa. The applicant must respond within the specified period; otherwise the Department may proceed to make a decision based on the material already before it.
What is an S57 letter?
An opportunity to respond to adverse information
The purpose of an S57 letter is to let the applicant know, before the Department makes its final decision, what adverse information it holds, and to give the applicant an opportunity to explain, correct, or supplement the material. It reflects the principle of natural justice — that before an adverse decision is made, the applicant should have the chance to know what the concern is and to respond to it.
A letter of this kind will usually set out the information that concerns the Department — for example, that a document may not be genuine, that information is inconsistent, that third-party records differ from the applicant’s statements, or that certain facts may affect whether the visa criteria are met. The applicant needs to respond to the specific issues raised in the letter, rather than re-explaining the entire visa application in general terms.
It is not an ordinary request for further documents
An ordinary request for further documents usually asks the applicant to supply missing material — for example, proof of identity, evidence of a relationship, financial documents, or health examination results. An S57 letter is different: it generally already points to a piece of adverse information that could lead to a refusal. The focus when responding to an S57 letter is first to understand exactly what information has given rise to the Department’s concern, and then to consider how to address it.
When might you receive an S57 letter?
An S57 letter can arise in many different types of visa application. Common situations include where application material is suspected of not being genuine, where information is inconsistent, where work or study history cannot be verified, where there are contradictions in the statements made in a partner visa, where there are doubts about financial documents, where identity information is unclear, or where the Department has obtained information from another source that is inconsistent with the applicant’s statements.
After receiving an S57 letter, beyond judging the seriousness of the issue based on your own understanding, what matters more is to look at exactly what the letter says, what information the Department intends to rely on, and which ground of refusal that information may correspond to.
Received an S57 letter and want to understand exactly what the Department is questioning?
How should you respond after receiving an S57 letter?
Before responding to an S57 letter, you should first read the letter itself carefully. The point is not to rewrite the applicant’s entire situation from scratch, but to identify the specific issues the Department has raised and to respond to each of them. For example, if the issue is the authenticity of a document, you need to explain the document’s source, how it was obtained, and the basis for its authenticity; if the issue is inconsistent information, you need to explain why the discrepancy arose and provide material that supports the true position.
The response material should be as clear and specific as possible and remain consistent with the previous application record. If there genuinely was an error or omission, the reason should be explained carefully, rather than simply denied or avoided. For issues involving integrity, false material, or Public Interest Criterion 4020, the way you respond needs to be especially careful, because a hasty explanation may make the case more complicated.
An S57 letter will usually set out a response period. In many cases the applicant will have about 28 days to respond, but the actual time is determined by the contents of the letter. If there is not enough time, you may consider applying for an extension, but whether it is granted is a matter for the Department, and you should not assume that an extension will necessarily be available.
What outcomes are possible after responding?
If the applicant’s response adequately addresses the issues the Department is concerned about, the visa application may continue to be assessed and may have a chance of being approved. The Department may also, after its review, ask for further material, or continue to raise questions on other issues.
If the applicant does not respond, or the response fails to resolve the problem created by the adverse information, the visa application may be refused. Whether an application for administrative review is still available after a refusal depends on the visa category, the nature of the decision, where the applicant is located, and the review rights and time limits set out in the notice.
How NS Legal can help
NS Legal can assist clients in reviewing a section 57 natural justice letter, identifying the adverse information that concerns the Department, the related legal risks, and the response period. We can help clients prepare the response letter, organise supporting material, and ensure the response addresses the issues the Department has raised directly.
For cases involving Public Interest Criterion 4020 (PIC 4020), document authenticity, inconsistent information, the genuineness of a relationship, character issues, or other high-risk matters, we can further assist in assessing the risk of refusal and developing a more robust response strategy.
Received an S57 letter and unsure how to respond?
Frequently asked questions
Does receiving an S57 letter mean the visa will definitely be refused?
No. An S57 letter means the Department holds adverse information that may affect the outcome of the visa and is giving you an opportunity to respond. Whether the visa is refused depends on the seriousness of the issue itself and on whether your response effectively addresses the Department’s concerns.
What is the difference between an S57 letter and an ordinary request for further documents?
An ordinary request for further documents usually means material is incomplete; an S57 letter usually means the Department already holds adverse information that could lead to a refusal. When responding to an S57 letter, the focus is not simply to supply more documents, but to explain and prove your position in relation to the issues raised in the letter.
How long do you usually have to reply to an S57 letter?
The actual period is set out in the letter. Many S57 letters give the applicant about 28 days to respond, but it may differ from case to case. If you genuinely need more time, you may consider applying for an extension, but you cannot assume the Department will agree.
What happens if I do not reply to an S57 letter?
If you do not reply within the specified period, the Department may proceed to make a decision based on the material already before it. If the adverse information in the letter has not been explained or corrected, the visa application may be refused.
If the S57 letter involves PIC 4020, is that very serious?
It usually needs to be handled carefully. Public Interest Criterion 4020 (PIC 4020) concerns false or misleading information, bogus documents, and similar issues, and it may affect both the current visa application and visa options for a period of time into the future.
Can I write the S57 response letter myself?
You can, but whether it is suitable to handle it yourself depends on the nature of the issue. If it is simply a straightforward clarification of facts, the risk may be lower; if it involves document authenticity, integrity issues, Public Interest Criterion 4020, or other serious grounds of refusal, it is advisable to obtain legal advice first.
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