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s57 Natural Justice Letters

Section 57 of the Migration Act 1958 mandates that the Department of Home Affairs provide you with an opportunity to comment and present information if your visa application is being considered for refusal. This is typically done through a Natural Justice letter.

What to Do When You Receive an S57 Natural Justice Letter

Upon receiving a Natural Justice letter, it is crucial to thoroughly review its contents to understand why the Department is contemplating refusing your visa application. The reasons could range from the discovery of inaccurate or misleading information to doubts about meeting specific visa eligibility criteria.

Steps to Take
 

  1. Review the Letter Carefully: Understand the reasons cited for the potential refusal of your visa application.

  2. Seek Professional Advice: It is vital to get expert advice on how to respond. Engaging with immigration lawyers or registered migration agents can significantly impact the outcome.

  3. Prepare Your Response: You will need to provide a convincing explanation and supporting evidence to counter the Department’s concerns. This could involve detailed written submissions or, in some cases, an interview.

  4. Act Quickly: You typically have 28 days to respond. If you are in immigration detention, this timeframe is reduced to 3 working days.​

    • Positive Response: If the Department’s claims are found to be incorrect based on your response, your visa application may proceed.

    • Negative Response or No Response: If you fail to respond adequately or within the given timeframe, the Department may proceed to refuse your application. This can lead to severe consequences, including triggering the Public Interest Criteria 4020, which could bar you from obtaining an Australian visa for up to ten years.

  • Our experienced team has a proven track record of successfully assisting visa applicants in responding to Natural Justice letters. Here’s how we can help:
     

    • Detailed Review and Advice: We meticulously review the Natural Justice letter and provide tailored advice on your best course of action.

    • Comprehensive Submissions: If the Department’s claims are incorrect, we prepare thorough written submissions with supporting evidence to refute their assessment.

    • Strategic Withdrawal: In certain situations, we may advise withdrawing your visa application to avoid the risk of a Section 48 bar or an exclusion period.

Schedule a consultation with our lawyers for expert guidance on responding to an S57 Natural Justice Letter.

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