Does a Section 57 Letter Mean My Partner Visa Will Be Refused?

Has the Department already decided to refuse my partner visa?

The Department has not already decided to refuse a partner visa when it sends a section 57 letter. The letter is a procedural fairness step that must happen before a decision relying on the adverse information is made. Its purpose is to give the applicant a genuine chance to respond. Case officers do consider responses, and adverse information is sometimes shown to be wrong, outdated or explained. Our guide to the section 57 natural justice letter explains the process.

Why is a section 57 letter more serious than a request for information?

A section 57 letter is more serious than a request for information because it identifies information the Department considers would support refusal, while a section 56 request simply asks for more material. Common sources include statements from former partners, records from earlier visa applications, information from other agencies and site visit findings. Our article on common adverse information in section 57 letters gives examples.

What usually leads to refusal after a section 57 letter?

What usually leads to refusal after a section 57 letter is a response that does not engage with the adverse information. A general statement that the relationship is genuine, without evidence answering the specific point, leaves the concern in place. Missing the deadline has the same effect. Our article on the non-genuine relationship refusal shows how unresolved doubts become refusal grounds.

Can a good response stop the partner visa being refused?

A good response can stop a partner visa being refused where it shows that the adverse information is inaccurate, incomplete or outweighed by other evidence. The response should quote each concern, answer it with documents and explain why it should carry little weight. Where the concern relates to a previous relationship, for example, dated evidence of separation and the start of the current relationship is often central. Where the information came from a third person, the response can also address why that person's account may be unreliable, for example because of a dispute or a motive to harm the applicant.

What happens if the partner visa is refused anyway?

If the partner visa is refused anyway, the applicant can generally apply to the Administrative Review Tribunal for merits review within a strict time limit that starts when the decision is notified. The Tribunal looks at the case afresh and can consider new evidence. Our article on the partner visa refusal letter explains how to read the decision and find the deadline.

How does My Migration Lawyers respond when a section 57 letter arrives?

My Migration Lawyers responds when a section 57 letter arrives by treating it as the last real opportunity to resolve the concern before a decision. The firm identifies the source and reliability of each piece of adverse information, obtains the documents and Form 888 statements that answer it, and prepares legal submissions on why it should not lead to refusal. Couples can ask our partner visa lawyers to prepare the response, and the firm continues to act through partner visa refusals at the Tribunal if needed.