Section 57 Natural Justice Letters: What They Mean and How to Respond

Look, if you have just received a Section 57 Natural Justice Letter, I need you to understand something: this is serious, but it is not a refusal. Not yet.

The Department of Home Affairs has found something they do not like. Something that could sink your application. But here is the thing: they are required to give you a chance to respond before they make a final decision. That is what this letter is. Your chance.

I have seen people ignore these letters. I have seen people send back half-hearted responses that miss the point entirely. And I have seen those same people get refused when they did not have to be. Do not let that be you.

What a Section 57 Letter Actually Means

Under Section 57 of the Migration Act 1958, the Department must give you "natural justice" before refusing your visa based on adverse information. In plain terms: if they have found something bad, they have to tell you what it is and let you respond.

This is not a courtesy. It is a legal requirement. And it is your single best opportunity to address their concerns head-on before a decision is made.

The letter will set out the specific information the Department is relying on. It might be:

• Inconsistencies between what you told them and what they found elsewhere

• Character concerns, including criminal history or past visa issues

• Health matters that could affect your eligibility

• Doubts about your relationship if you are applying for a partner visa

• Evidence suggesting your documents are not genuine

Whatever it is, they will tell you. The question is: what do you do next?

Why Your Response Matters More Than You Think

Here is what most people do not realise. The case officer reading your response is often the same person who will decide your visa. This is your chance to speak directly to the decision-maker. To explain. To provide evidence. To reframe the narrative.

A weak response, or no response at all, tells the Department one thing: you cannot address their concerns. And that makes refusal almost certain.

A strong response does the opposite. It shows you take the concerns seriously. It provides evidence that directly addresses each point. It gives the case officer a reason to approve your application despite the adverse information.

I have helped clients overturn what looked like certain refusals by getting this response right. The difference is not luck. It is preparation.

Common Mistakes That Lead to Refusal

After handling visa refusals and appeals for over a decade, I can tell you the same mistakes come up again and again:

• Responding without addressing every single point raised

• Providing vague explanations without supporting evidence

• Missing the deadline (usually 28 days, sometimes less)

• Getting emotional instead of being factual

• Assuming the Department will give you the benefit of the doubt

They will not give you the benefit of the doubt. You need to prove your case.

How to Respond Effectively

The process is straightforward, but the execution matters:

1. Read the letter carefully. Identify every concern they have raised, not just the obvious ones.

2. Gather evidence that directly addresses each point. Documents, statutory declarations, supporting letters, anything that proves your case.

3. Draft a response that is clear, factual, and comprehensive. No waffle. No excuses. Just evidence and explanation.

4. Submit before the deadline. Late responses are often not considered at all.

If the Department says there are inconsistencies in your timeline, show them why those inconsistencies exist or provide evidence that proves your version is correct. If they doubt your relationship is genuine, give them evidence they cannot ignore: joint finances, photos with dates and context, statements from people who know you as a couple.

This is not the time for generic letters. Every response needs to be specific to what they have raised.

When to Get Legal Help

Can you respond to a Section 57 letter yourself? Technically, yes. Should you? That depends on what is at stake.

If the adverse information is straightforward, a well-prepared response might be enough. But if the Department is questioning your character, doubting your relationship, or suggesting fraud, this is not the time to wing it.

An immigration lawyer can review the letter, identify exactly what the Department needs to see, and help you build a response that addresses every concern. More importantly, a lawyer can spot issues you might miss and avoid arguments that could make things worse.

What Happens After You Respond

Once you submit your response, the Department will consider it alongside the rest of your application. They might:

• Accept your explanation and approve your visa

• Request further information

• Refuse your application despite your response

If they refuse, you may have appeal rights to the Administrative Appeals Tribunal. But that is a longer, more expensive process. Getting the Section 57 response right the first time is always better than fighting a refusal later.

Do Not Wait Until the Deadline

I understand that receiving one of these letters is stressful. The instinct is to put it aside and deal with it later. That is a mistake.

The clock is ticking from the day you receive the letter. You need time to gather evidence, prepare your response, and review everything before you submit. Starting early gives you options. Starting late means rushing, and rushing means mistakes.

If you have received a Section 57 Natural Justice Letter and you are not sure how to respond, book a consultation now. Let us work out exactly what the Department is concerned about and how to address it before your opportunity runs out.