Can I Provide New Evidence in My Section 57 Response?

Can I include new evidence in my section 57 response?

An applicant can include new evidence in a section 57 response, and the response is usually weak without it. The letter invites comment on information the Department holds, but comment alone rarely displaces a documented concern. Evidence that shows the information is wrong, out of date, incomplete or explained by other facts gives the case officer a proper basis to decide differently. Our guide to the section 57 natural justice letter explains how comment and evidence work together.

What kind of new evidence helps a section 57 response?

The kind of new evidence that helps a section 57 response is evidence aimed at the specific adverse information, not a general bundle of relationship documents. If the concern is a statement from a former partner, the response may need records showing when that relationship ended. If the concern is an address or a date in an earlier visa application, documents from that period are needed. Our article on common adverse information in section 57 letters gives examples of concerns and the evidence that meets them.

Can Form 888 statements be added in a section 57 response?

Form 888 statements can be added in a section 57 response where people who know the couple can speak to the facts in dispute. A Form 888 is a supporting statement, not a statutory declaration, and it carries most weight when the person gives specific, first-hand detail rather than general praise. Our article on Form 888 for a partner visa explains who can make one and what it should say.

What if the new evidence conflicts with what we said before?

New evidence that conflicts with what the couple said before must be explained openly, because an unexplained inconsistency can damage credibility more than the original concern. Honest mistakes in dates, addresses or relationship history can usually be explained with supporting documents. Deliberately false information is a different matter and can lead to refusal under public interest criterion 4020. Our articles on conflicting statements and the false information refusal explain the risk.

Can I keep adding evidence after the section 57 deadline?

An applicant can keep adding evidence after the section 57 deadline, because section 55 of the Migration Act allows relevant information to be given until the decision is made. The Department is not required to wait for it, so anything important should be lodged within the response period wherever possible. Late documents should be uploaded with a short note linking them to the adverse information.

How does My Migration Lawyers build the evidence for a section 57 response?

My Migration Lawyers builds the evidence for a section 57 response by breaking the letter into each separate piece of adverse information and identifying the document, record or statement that answers it. The firm then gathers that material, checks it against everything previously lodged so no new inconsistency is created, and presents it with written submissions that explain why the concern should not lead to refusal. Couples who need this done properly before the deadline can contact our partner visa lawyers, and the firm also acts on partner visa refusals at the review stage.