How Do I Respond to a Section 57 Letter?

What is the first step in responding to a section 57 letter?

The first step in responding to a section 57 letter is to confirm the deadline and the method of response. The period runs from when the letter is taken to have been received under the notification rules in the Migration Act, which for an email is generally the end of the day it was sent rather than the day it was read. The letter may require a written response, an interview or another format. Our guide to the section 57 natural justice letter explains these rules.

How do I identify every concern in the letter?

An applicant identifies every concern in a section 57 letter by breaking it into separate items and listing them, because one letter often raises several issues in a single paragraph. Each item should be read for what it actually says, where the information came from and which criterion it affects. Our article on common adverse information in section 57 letters shows the types of issues that appear.

What evidence should a section 57 response include?

A section 57 response should include evidence that answers each concern directly, such as dated records, official documents, correspondence and Form 888 statements from people with first-hand knowledge. General relationship evidence helps only where the concern is about genuineness. Our guide on how to complete Form 888 explains how supporting statements should be prepared, and our article on partner visa relationship evidence covers broader evidence.

How should the written response be structured?

The written response to a section 57 letter should be structured as a covering submission that takes each concern in turn, states the applicant's position, refers to the attached evidence by number and explains why the concern should not lead to refusal. Apparent conflicting statements must be explained honestly, because unexplained inconsistencies harm credibility. The tone should be factual and respectful, never angry or dismissive.

What if I need to see the information the Department relied on?

An applicant who needs to see the information the Department relied on can ask the case officer for clarification and can request the Department's file under the Freedom of Information Act 1982. A freedom of information request takes time, so it should not delay the response. If the letter does not describe the information clearly enough to answer it, the response should say so and still address the concern as far as the applicant reasonably can. Our article on the partner visa FOI request explains how to make a freedom of information request.

How does My Migration Lawyers prepare a section 57 response?

My Migration Lawyers prepares a section 57 response by mapping every adverse point to the criterion it affects and to the evidence that can answer it, then drafting submissions that a decision-maker can follow point by point. The firm checks the response against everything previously lodged, so it does not create a new problem while fixing an old one, and lodges it in the form the letter requires. Couples can engage our partner visa lawyers to prepare the reply, and the firm also acts in partner visa refusals if review becomes necessary.