How to Respond to an S57 Request

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If you’ve received an S57 request from the Department of Home Affairs, it means your visa application may be at risk. Under Section 57 of the Migration Act, the Department is offering you a chance to respond before making a decision—this is called a natural justice notice.

In this guide, we explain what an S57 natural justice letter is, how to respond effectively, and what happens if you don’t. Whether you’re applying for a partner visa, graduate visa, or protection visa, understanding your rights under Section 57 is crucial.

What Is an S57 Request?

An S57 request is a letter from the Department inviting you to comment on information that may lead to a visa refusal. It is issued under Section 57 of the Migration Act 1958, which requires the Department to provide you with an opportunity to address adverse information before making a decision.

You may receive an S57 request if:

The Department doubts your claims (e.g. relationship, financial capacity, English ability)
There are inconsistencies in your documents or statements
Health or character concerns are raised
There is missing or insufficient evidence

What Is Section 57 of the Migration Act?

Section 57 of the Migration Act 1958 ensures that visa applicants receive a fair chance to respond to potentially negative findings. This is part of the principle of natural justice—you must be given a meaningful opportunity to comment on information before an adverse decision is made.

Section 57 states that:

The Department must give you particulars of adverse information.
You must be given a reasonable opportunity to respond.
A decision must not be made until your response is considered.

What Is Natural Justice in Migration Law?

Natural justice (also called procedural fairness) refers to your right to be heard. In immigration cases, this means:

You must be informed of any negative information affecting your application
You must have an opportunity to present your case or evidence
Your response must be genuinely considered by the Department

An S57 request is the legal mechanism for this natural justice process.

How to Respond to an S57 Natural Justice Letter

Responding properly to an S57 request is critical. Your response may determine whether your visa is approved or refused.

Key Steps:

Read the letter carefully – Note the due date and what the Department is concerned about.
Address each point – Provide evidence, explain discrepancies, or clarify misunderstandings.
Provide documents – Attach supporting evidence such as statutory declarations, payslips, medical records, etc.
Use clear, formal language – You may include a written statement explaining your position.
Submit before the deadline – Late responses may not be considered.

If you’re unsure how to respond, it’s highly recommended to get advice from a migration lawyer.

What Happens If You Don’t Respond?

If you ignore or miss the deadline for an S57 request:

The Department may refuse your visa without further notice.
The refusal letter will usually state that you failed to respond under Section 57.
You may have limited review rights (depending on your visa and location).

✍️Need Help Responding to an S57 Request?

At Jade Immigration Lawyers, we assist clients with preparing detailed responses to S57 natural justice notices, especially where there are health, character, or relationship concerns.

Ready to take the next step?

Speak with Jade Immigration Lawyers today – we’re here to help you.

📞 Call us: 0485 907 989
📧 Email: jade@jadeimmigrationlawyers.com.au
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FAQ

Find answers to common questions about our s57 Natural Justice Response services and processes. If you need further assistance, please contact us.

What is an S57 request in Australian immigration?

It’s a letter from the Department asking for your response to potentially negative information before making a visa decision.

What is Section 57 of the Migration Act?

It’s the legal basis for giving applicants an opportunity to respond to adverse information, ensuring fairness.

Is an S57 request a visa refusal?

No, it’s a warning and opportunity to respond. If you respond well, your visa may still be granted.

How much time do I have to respond to an S57 request?

Typically 7 or 14 or 28 days, depending on whether you’re in or outside Australia. The due date is stated in the letter.

Can I get legal help with an S57 request?

Yes, and it’s strongly recommended—especially if your case involves complex issues or previous refusals.