How Long Do I Have to Respond to a Section 57 Letter?

How do I work out the section 57 response deadline?

An applicant works out the section 57 response deadline by reading the period stated in the letter and counting it from the date the letter is taken to have been received. For an email, that is generally the end of the day it was sent. If the date is unclear, the safest course is to treat the earliest possible date as the deadline. Our guide to the section 57 natural justice letter explains the letter and its timing.

Is the section 57 period the same for every partner visa applicant?

The section 57 period is not the same for every partner visa applicant, because the Migration Regulations prescribe periods that can vary with the applicant's location and the way the response must be given. An applicant in Australia for a Subclass 820 visa may receive a different period from an applicant overseas. The applicant should rely only on the period in their own letter, not on what others were given.

What if the letter went to my former agent?

If the letter went to a former agent who is still recorded as the authorised recipient, it is treated as given to the applicant, and the period runs from the agent's receipt. This is why an applicant who has changed representative must make sure the Department has been told. An applicant who suspects a letter was missed can check ImmiAccount and request the Department's file, as explained in our article on the partner visa FOI request.

Is the response period long enough to prepare a proper reply?

The response period is often tight for a proper reply, particularly where the adverse information concerns events overseas or documents held by others. Preparation should begin the day the letter arrives. Where more time is genuinely needed, a written extension request should be made before the deadline, while a substantive reply is prepared in case it is declined. Our article on common adverse information in section 57 letters helps applicants see which evidence will be needed early.

What happens when the section 57 deadline passes?

When the section 57 deadline passes without a response, the Department may make its decision on the information it holds, and a refusal is likely where that information is adverse. A refused partner visa can generally be reviewed by the Administrative Review Tribunal, but the review deadline is also short and strict. Our article on partner visa refused appeal options explains what can be done after a decision.

How does My Migration Lawyers work within a section 57 deadline?

My Migration Lawyers works within a section 57 deadline by confirming the date of receipt on the day the letter is received, setting an internal date ahead of the real one and dividing the work so evidence gathering and drafting run side by side. The firm tells the couple at the outset which documents are critical and which are supportive, so effort goes where it counts. If the period cannot accommodate a key document, the firm seeks more time while preparing a complete reply on what is available. Couples can ask our partner visa lawyers to act, and the firm continues on partner visa refusals if a decision follows.