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What is a s57 Natural Justice Letter and what to do if you received one from the Department of Home Affairs

Nov 17, 2023 | AUS | 0 comments

A Natural Justice Letter based on section 57 of the Migration Act 1958 is when the Department of Home Affairs practices a fair procedure to inform you there are grounds to refuse your visa, but before doing so, they invite you to comment on these reasons, giving the opportunity to give an answer to avoid the refusal of your visa. 

What would you do if you received a s57 Natural Justice letter?

It is extremely important to carefully analyse the reasons why the Department is considering refusing your visa. Examples of reasons are when there are character or medical issues. 

Generally, the Department of Home Affairs would give you 28 days to respond to this letter. It is paramount to plan this response. 

Elements of a s57 Natural Justice Letter

Procedural fairness: The Department of Home Affairs exercises a fair and transparent approach to administrative law by issuing s57 Natural Justice Letters, ensuring protection to the right of visa applicants to defend themselves before adverse information jeopardising a visa approval. 

Impartiality: By providing these notices the Department of Home Affairs procures to assess visa applications in an unbiased way. It is for merits that the visa is assessed and not by opinions. 

If you have received a s57 Natural Justice Letter, Crystal Migration can help you identify the issue and prepare an adequate response to ensure a positive outcome.