What Is the Difference Between a Section 56 Request and a Section 57 Letter?

What does a section 56 request ask for?

A section 56 request asks for further information or documents the case officer needs to decide the application, such as police certificates, health examinations, translations or updated relationship evidence. The Department may ask, but section 56 does not oblige it to, so an applicant cannot rely on receiving a request before a refusal. Our guide to the partner visa section 56 request explains the provision.

What does a section 57 letter tell the applicant?

A section 57 letter tells the applicant that the Department holds adverse information which would be the reason, or part of the reason, for refusal, and invites comment. It must give particulars of the information and explain why it is relevant. Our guide to the section 57 natural justice letter explains what the letter must contain.

Which is more serious, a section 56 request or a section 57 letter?

A section 57 letter is generally more serious than a section 56 request, because it signals that the Department has information it considers adverse. A section 56 request is often administrative. However, a section 56 request that asks for an explanation of an inconsistency or a past relationship can also reflect a real doubt, so neither should be treated lightly. Our article on common adverse information in section 57 letters shows what typically triggers the more serious letter.

Do the responses need to be different?

The responses do need to be different. A section 56 response is mainly a set of documents matched to the items requested, with a short covering letter. A section 57 response needs written submissions that answer each piece of adverse information with evidence and argument about the relevant criterion. Our article on responding to a section 56 request for more information explains the simpler response.

Are the deadlines and extensions the same?

The deadlines and extensions for both types of letter work in a similar way. Section 58 of the Migration Act requires each invitation to state how and by when to respond, using periods prescribed by the Migration Regulations, and in both cases an extension is at the Department's discretion. Our article on the partner visa section 56 extension explains how to ask for more time.

Can the Department refuse without sending either letter?

The Department can refuse without sending either letter in some cases. A section 56 request is optional, and section 57 does not apply to information the applicant gave for the application, so a refusal based on weaknesses in the applicant's own evidence may come without warning. Our article on partner visa refusal reasons shows how this happens.

How does My Migration Lawyers help couples tell the two letters apart?

My Migration Lawyers helps couples tell the two letters apart by reading the letter, its legal basis and the rest of the file together, then explaining in plain terms what the Department is actually concerned about and how much is at stake. The firm sets the response strategy accordingly, from an organised document package to full legal submissions. Couples can send the letter to our partner visa lawyers for an assessment.