Received a Section 57 Letter?
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Appeal rights, eligibility and deadlines depend on your circumstances.
A natural justice letter is not a refusal — it is the Department’s legal obligation under section 57 of the Migration Act to show you adverse information before relying on it, and your one chance to answer it. You normally have 28 days (7 days for visitor visa applicants or if invited to an interview; 5 days in detention). A good response answers each point directly, with dated evidence. Silence almost always leads to refusal.
What the letter is
- Section 57 — “natural justice” or “adverse information” letter. The case officer has information you did not provide (for example an employer check, a previous visa history, a document verification result or a relationship concern) that could be a reason to refuse. The letter must set out the particulars, explain why they matter and invite you to comment.
- Section 56 — request for further information. The officer wants more evidence about a criterion — usually funds, employment, relationship or genuine-intent evidence. It is not adverse in itself, but it tells you which criterion is in doubt.
Both letters come before a decision. Treated seriously, they are the best opportunity to avoid an ART review altogether.
Deadlines
| Your situation | Prescribed response period |
|---|---|
| In immigration detention | 5 days |
| Invited to an interview or telephone discussion | 7 days |
| Visitor (subclass 600) or Medical Treatment visa applicant | 7 days |
| Any other applicant in Australia | 28 days |
| Applicant outside Australia | 28 days (70 days if the letter says so) |
The period runs from when you are taken to have received the letter, not when you opened it. An extension is discretionary — ask in writing before the deadline, with a reason, and never assume it has been granted until you have confirmation.
Natural justice letter with a deadline this week? Send it to us — we will tell you what the officer is really asking and what evidence answers it.
Speak to a migration ART expert · Call 1300 770 585 (first 15-minute call is free).
How to structure the response
- Quote each concern. Number the points exactly as the letter does. Officers must address what you say; make it easy to see that you answered everything.
- State your position plainly. Is the information wrong, incomplete, out of context, or correct but explainable? Say which.
- Give the facts in date order. Short paragraphs, real dates, names of institutions. Avoid emotional language; the officer is applying a criterion, not judging your character.
- Attach evidence for every factual claim. Employment letters on letterhead, bank statements, enrolment records, photographs with dates, third-party statutory declarations. Label attachments so each one maps to a numbered point.
- Address the criterion, not just the information. If the letter is about a Genuine Student concern, explain how you meet that criterion; if it raises PIC 4020 (false or misleading information), explain how the document or statement is genuine, or whether a waiver is being sought.
- Cover the consequences honestly. If something went wrong (a missed enrolment, an incorrect date on a form), acknowledge it and show what has changed. Attempting to hide a fact the Department already holds is how PIC 4020 refusals happen.
- Lodge through the channel in the letter (usually ImmiAccount) before the deadline, and keep the receipt.
Common mistakes we see
- Sending a one-paragraph email that says “the information is not correct” with no evidence.
- Answering a different question — for example, re-sending the whole application instead of addressing the specific doubt.
- Asking for an extension on the last day.
- Submitting a template letter downloaded from the internet. Officers recognise them.
- Obtaining “supporting” documents that cannot be verified — this converts a fixable problem into a PIC 4020 problem with a 3-year consequence.
If you already missed the deadline
The officer may decide on the information available, which usually means refusal. Once refused, check the decision letter for review rights and the time limit — an ART review may still be available, and the material you should have sent can be lodged with the Tribunal instead. Read our section 57 explainer for the legal background.
Frequently asked questions
Is a natural justice letter a refusal?
No. It means the officer has adverse information and must give you a chance to comment before deciding. It is often the last step before a decision, so treat it as urgent.
How many days do I have to respond to a s57 letter?
Usually 28 days for applicants in Australia. It is 7 days for visitor visa applicants or if you are invited to an interview, and 5 days if you are in immigration detention. The letter states the exact period.
Can I get more time?
You can ask, in writing, before the deadline. The Department may grant a short extension, but it is discretionary and refusals of extensions are common in visitor and student cases.
What happens if I don’t respond?
The officer can decide the application on the material already held. In practice this usually results in refusal, and any review will then focus on the same unanswered concern.
Do I need a migration agent to respond?
Not legally. However, the response must speak to a specific legal criterion, and evidence has to be organised so an officer can verify it. Registered migration agents do this daily; that is the value they add.
Sources
- Migration Act 1958 — s56, s57, s58
- Migration Regulations 1994 — reg 2.15 (prescribed response periods)
- Department of Home Affairs — Public Interest Criterion 4020
HECT Migration & Appeal Experts is a registered migration agency; our agents are regulated by the Office of the Migration Agents Registration Authority (OMARA). We are not a law firm and do not provide legal advice.
