Can I Get More Time to Respond to a Section 57 Letter?

Can I ask the Department for more time on a section 57 letter?

An applicant can ask the Department for more time on a section 57 letter by writing to the case officer before the response period ends. The request should state the reason, such as waiting on a police report, an overseas document or a professional assessment, and give a realistic date for the full response. Vague requests for "more time" are less likely to succeed. Our guide to the section 57 natural justice letter explains what the letter is and how it is answered.

Will the Department always grant an extension for a section 57 response?

The Department will not always grant an extension for a section 57 response, because the decision whether to allow further time is discretionary. A case officer may refuse the request and decide the application once the original period ends. For that reason, an applicant should never wait for a reply to the extension request before preparing the response. A partial response lodged on time is far safer than nothing.

What should I send if the extension is refused?

An applicant whose extension is refused should send the strongest response possible within the original period, addressing each item of adverse information directly. The response should say which further documents are coming and when. Under section 55 of the Migration Act, further relevant information can still be given until the decision is made, although the Department is not required to delay its decision to wait for it. Our article on common adverse information in section 57 letters shows the kinds of issues that need a direct answer.

How is a section 57 extension different from a section 56 extension?

A section 57 extension differs from a section 56 extension mainly in what is at stake. A section 56 request asks for further information, while a section 57 letter tells the applicant the Department holds information that may lead to refusal. Missing a section 57 deadline therefore carries a more immediate risk. The general approach to asking for time is similar, and our article on the partner visa section 56 extension sets it out.

What happens if no response is given in time?

If no response to a section 57 letter is given in time, the Department may decide the application on the information it already holds. Where that information is adverse, a refusal is the likely result. A refused partner visa can generally be reviewed by the Administrative Review Tribunal, but review is slower and harder than answering the concern at the Department. Our article on partner visa refusal reasons shows how unanswered concerns become refusal grounds.

How does My Migration Lawyers handle a section 57 deadline that is too short?

My Migration Lawyers handles a section 57 deadline that is too short by working on two tracks at once. The firm drafts a reasoned extension request that tells the case officer what evidence is coming and why it matters, while preparing a substantive response that can be lodged within the original period if the extension is declined. The response answers each adverse point with evidence and legal submissions rather than general denials. Applicants facing this deadline can ask our partner visa lawyers to act, and the firm also advises on partner visa refusals if a decision has already been made.