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Everything you need to know about S57 Natural Justice letter
Receiving a S57 Natural Justice letter often evokes stress and fear among applicants. If the letter is neglected or responded to insufficiently, this may result in a visa refusal. However, if the letter is responded to appropriately, the applicant may prevent their visa from being refused and increase their chances of a positive outcome. Engaging the services of a lawyer to analyse the contents of your letter and recommend an appropriate path forward. This is the last chance that you may get to prevent your visa from being refused, meaning that the circumstances must be handled professionally and with expertise.
What is S57 Natural Justice letter
If the minister receives information in relation to your application that they deem may be part of a reason for refusal, the Department is required to alert you and invite you to comment on the information. This is required by s 57 of the Migration Act. This requirement helps to promote natural justice by giving all applicants an opportunity to comment or explain why the information should not lead to a refusal. This is why the s 57 letter is otherwise known as an ‘Invitation to Comment on [Adverse] Information’ held by the Department.
In order to uphold natural justice, the letter you receive will contain details of the allegations that the Department is making against the information or documents that you have submitted. The allegations may range in severity from a mistake in address, to a severe adverse finding against you. The letter will invite you to respond within a set time period. This post will guide you through what to expect in a letter and outline the possible ways of responding.
What is S57 Natural Justice letter
If the minister receives information in relation to your application that they deem may be part of a reason for refusal, the Department is required to alert you and invite you to comment on the information. This is required by s 57 of the Migration Act. This requirement helps to promote natural justice by giving all applicants an opportunity to comment or explain why the information should not lead to a refusal. This is why the s 57 letter is otherwise known as an ‘Invitation to Comment on [Adverse] Information’ held by the Department.
In order to uphold natural justice, the letter you receive will contain details of the allegations that the Department is making against the information or documents that you have submitted. The allegations may range in severity from a mistake in address, to a severe adverse finding against you. The letter will invite you to respond within a set time period. This post will guide you through what to expect in a letter and outline the possible ways of responding.
a. Notice
As required by the Migration Act, a Natural Justice letter must necessarily provide detailed ‘particulars’ of the relevant information. In doing this, the Department must provide enough information to ensure that you understand why the adverse finding is relevant to their consideration of your application. The letter should draw you attention to exactly what is in question and instruct you as to the matters requiring your response. If you believe that your letter does not contain sufficiently specific information, you may seek the advice of a lawyer.
b. Impartiality
Impartiality is a fundamental tenet of law, meaning that all applicants have a right for their application to be considered free from bias. The s 57 request must demonstrate impartiality and must only assess your case based on its merits, rather than any external consideration beyond the scope of what is permitted. This means that the decision maker is considering your application afresh, and not applying any personal or political bias. If you believe that bias is involved in the decision making, it is important to contact a lawyer promptly.
c. Hearing
The right to a fair hearing is a fundamental part of natural justice. It allows applicants to hear arguments lodged against them and present or challenge evidence. This is a key purpose of natural justice letter. As such, the letter will include an invitation to respond to the allegations.
d. Timing
Any invitation to respond to allegations will likely be capped with a time limit. This is because justice is intended to be carried on in a reasonable timeframe. In most cases, you will have 28 days to respond to the S57 letter. It is important to obey the timeframe specified in your letter as there is often little room have the timeline extended .If you are given an unreasonably short period in which you must reply, it is important to contact a lawyer promptly.
Benefits of using an immigration lawyer
It is highly advantageous to seek legal advice from an immigration lawyer when facing visa cancellation as they are experts in this area. Australian Migration Lawyers, boasting a team of seasoned and highly trained legal professionals.
- Lawyers can provide appropriate assistance tailored to your unique situation
- Suggest alternative visa options
- Our skilled professionals can assist in the appeal process, presenting a strong case before the Administrative Appeals Tribunal (AAT) or pursuing a judicial review
- Their expertise ensures that all necessary legal requirements are met and that your case is effectively advocated, maximizing the chances of a successful appeal
How to respond to a S57 Natural Justice letter?
There are a few possible options available to you once you receive a S57 letter. It is important to seek advice on the best pathway for your circumstances, in order to promote the chances of a positive outcome. The following steps will help.
a. Consider the letter carefully
It is important to examine the letter carefully and pay attention to the precise information that the department claims to be bogus or incorrect. The Department can use complex wording that is difficult to understand. If the substance of the allegations is not clear to you, please do not hesitate to engage a lawyer to assist.
b. Determine accuracy
As required by the Migration Act, a Natural Justice letter must necessarily provide detailed ‘particulars’ of the relevant information. In doing this, the Department must provide enough information to ensure that you understand why the adverse finding is relevant to their consideration of your application. The letter should draw you attention to exactly what is in question and instruct you as to the matters requiring your response. If you believe that your letter does not contain sufficiently specific information, you may seek the advice of a lawyer.
c. Compiling evidence
Once you are aware of the allegations to respond to, and have determined your course of action, it is necessary to begin compiling evidence. The evidence submitted may vary depending on what is required in your individual circumstances. Written submission should be carefully prepared and any corroborating evidence appropriately labeled.
d. Submitting response
Your response must be submitted within the timeframe specified on your letter. Typically, this requires your submission to be uploaded to your Immi account. You may be able to submit your response via postage if your Immi account is not available to you at that time. If there is a cause for delay, it is important to contact a lawyer immediately to assist you.
What is the difference between S56 & S57 request?
S56 and S57 requests are similar insofar as they both provide applicants with a chance to be heard and supply additional information to the Department. However, an S57 request is only generated where the Department suspects that one of your documents may be false or bogus or whether any adverse information was provided. Alternatively, an S56 request may be a straightforward request for you to supply further information regarding your application. For example, the request may be for an additional birth certificate or health record.
Whilst an S56 request is less adverse in nature, responding in a timely manner remains important. Whilst it is beneficial to provide all relevant information, avoid submitting unnecessary evidence as this may delay your application further.