Responding to Request Letters from the Department of Home Affairs: What You Need to Know about S56 Requests for More Information and S57 Natural Justice Letters
After you have lodged a visa application to the Department of Home Affairs, you may receive either an s56 Request for More Information letter or an s57 Natural Justice letter. To ensure that your application is not refused, it is important to understand the difference between these types of requests and respond within the set deadline.
What is an s56 Request for More Information?
The s56 Request for More Information letter is a request from the Department that requires you to provide additional information or documents to allow for your visa application to continue being processed. Often these documents relate to the standard visa criteria being assessed and include police checks, identity documents, updates about your current employment or location or medical examinations.
An S56 letter typically comprises two distinct documents, the “s56 Request for More Information” and the “Request Checklist and Details”. In the “s56 Request for More Information” notice, you will find the deadline for submitting the necessary information as well as guidance on the submission process. In the “Request Checklist and Details”, you will find a comprehensive list of the requested information and documents.
This is an example of an s56 Letter - Request for more information for a Partner (Temporary) (subclass 820) / Partner (Residence) (subclass 801) visa application.
Section 56 Letters must typically be responded to within 28 days from the date of receipt of the letter, although this may vary (so please read your letter carefully). It is important that you provide all requested documents before the deadline expires as the consequences for not doing so can be significant. If you fail to respond to that request within the given time, the case officer may decide on your application without waiting for any further materials to be provided. This could lead to a refusal of your visa application if critical documents are missing and have not been provided within the prescribed timeframe.
An s56 letter can often be a positive indicator that your case has been allocated to a case officer and that the Department is assessing your application and only requires some additional documents or information to allow them to finalise the application. For instance, if you have applied for a Partner (subclass 820) visa, the Department case officer may have ticked off all requirements being met but just may need an updated police certificate to confirm you meet the character requirement to be granted the visa (in circumstances where processing has been extended and the police clearance has expired).
The Classification is accessible to the public on the Jobs and Skills Australia (JSA) website through an interactive interface or can be downloaded as a dataset in an Excel file.
What is a Section 57 Natural Justice Letter?
The S57 Natural Justice Letter, also known as an Invitation to Comment on Information, is issued when the Department delegate has found possible grounds to refuse the visa. For instance, if the Department case officer suspects that you have provided false or misleading information in your visa application, then the case officer may invite you to comment on the circumstances behind this breach and whether there are compelling reasons to justify the grant of the visa despite this information.
This is an example of an s57 Letter - Invitation to comment for a Partner (subclass 801) visa application.
The purpose of the s57 letter is to give you a fair opportunity to comment on information that is likely to result in the refusal of your visa application. Receiving an s57 Natural Justice letter does not necessarily mean that your visa application will be refused or cancelled, as there may be circumstances that justify the grant of the visa despite this information raised with the Department case officer.
Similar to the s56 letters, the typical deadline to respond to the s57 letters is 28 days, though the period may be shorter for some. It is important to provide an adequate response within this deadline, if you do not respond by then the Department case officer will likely to refuse your visa application.
How Can Agape Henry Crux Help
While the S57 Natural Justice Letter may seem like a cause for concern, it's also a chance to present your case to the Department and provide further explanation and details surrounding your circumstances. AHC Lawyers has a proven track record of helping applicants respond to these letters and being granted their visas despite the s57 Natural Justice requests. Our team will carefully review your letter and provide practical advice tailored to your situation to allow you to respond appropriately.
If you're facing either an s56 or an s57 letter from the Department and need expert advice, feel free to reach out to Agape Henry Crux, our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.