What Is a Section 57 Natural Justice Letter for a Partner Visa?

Why is it called a natural justice letter?

A section 57 letter is called a natural justice letter because it gives effect to procedural fairness, the principle that a person should know the case against them and have a chance to answer it before a decision is made. Section 57 of the Migration Act sets out how that principle applies to adverse information in visa applications. Our guide to the section 57 natural justice letter explains the legal background and how to respond.

What information does a section 57 letter cover?

A section 57 letter covers information that would be the reason, or part of the reason, for refusal and that is specifically about the applicant or another person. It does not cover information the applicant gave for the purpose of the application, which is why the Department may refuse on gaps in the applicant's own evidence without sending such a letter. Typical examples include statements from former partners, records in earlier visa applications and information from other agencies, as shown in our article on common adverse information in section 57 letters.

What does a section 57 letter usually say about a partner visa?

A section 57 letter on a partner visa usually sets out the adverse information, explains which criterion it affects and states the response period. Many letters concern whether the relationship is genuine and continuing, for example where a former partner alleges the relationship is not real. Others concern previous relationships, inconsistent dates, character or documents suspected not to be genuine. Our article on the non-genuine relationship refusal explains the most common concern.

How should a section 57 letter be answered?

A section 57 letter should be answered with a written response that deals with each piece of adverse information in turn, supported by evidence and legal submissions, and lodged within the stated period. General statements that the relationship is real rarely displace specific information. Inconsistencies must be explained honestly, as our article on conflicting statements explains.

What happens after a section 57 response is lodged?

After a section 57 response is lodged, the case officer weighs the response against the adverse information and decides the application. The outcome may be a grant, a further request or a refusal. If the visa is refused, the applicant can generally apply to the Administrative Review Tribunal for merits review within a strict time limit. Our article on the partner visa refusal letter explains what a decision record contains.

How does My Migration Lawyers approach a section 57 natural justice letter?

My Migration Lawyers approaches a section 57 natural justice letter as legal work, not paperwork. The firm tests whether the information is reliable, whether it has been put fairly and whether it truly bears on the criterion identified, then answers it with evidence and submissions directed to that criterion. The couple is told plainly what can and cannot be overcome. Applicants can ask our partner visa lawyers to respond, and the firm continues on partner visa refusals if review is needed.