What Happens If I Do Not Respond to a Section 57 Letter?

What does the Department do if there is no section 57 response?

If there is no section 57 response, the Department may proceed to decide the application on the information it holds, without inviting comment again. Because the letter has already identified information that would support refusal, a decision made without a response will often be a refusal. Silence is not treated as acceptance or denial, but it leaves the adverse information unanswered. Our guide to the section 57 natural justice letter explains why the letter matters.

Can I still respond after the section 57 deadline has passed?

An applicant can still respond after the section 57 deadline has passed, provided the decision has not yet been made. Section 55 of the Migration Act allows relevant information to be given until the decision, although the Department does not have to wait for it. The late response should be lodged at once, with a short explanation of the delay, and should answer each concern fully. Our article on common adverse information in section 57 letters helps identify what must be addressed.

Why would a couple not respond to a section 57 letter?

A couple may fail to respond to a section 57 letter because the letter went to an old email address or a former representative, because they did not understand its importance, or because they believed they had nothing new to say. None of these reasons stops the Department from deciding. Couples who changed representative should confirm the Department has been told, as our article on the partner visa FOI request explains when describing how to check what was sent.

What happens if the partner visa is refused after no response?

If the partner visa is refused after no response, the applicant can generally apply to the Administrative Review Tribunal for merits review within the time limit stated in the refusal. The Tribunal considers the case afresh and can receive the response that was never given to the Department. Our articles on the partner visa refusal letter and the partner visa ART review process explain the steps.

Is it ever sensible not to respond to a section 57 letter?

It is rarely sensible not to respond to a section 57 letter, because even a partial response gives the applicant's account a place on the file. Where the adverse information is accurate and cannot be overcome, the applicant should still take advice on the best course, which may include explaining circumstances, addressing future risks or considering other visa options. Doing nothing usually leaves the applicant in a weaker position for review.

How does My Migration Lawyers help when a section 57 response is at risk of being missed?

My Migration Lawyers helps when a section 57 response is at risk of being missed by checking at once whether a decision has issued and, if not, preparing a response that can be lodged within days rather than weeks. The firm prioritises the concerns that most affect the outcome, lodges what can be proved immediately and follows with further material. Couples in this position can contact our partner visa lawyers, and if a refusal has issued, the firm advises on partner visa refusals and the review deadline.