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Understanding S56 and 57

Jan 24, 2025 | AUS | 0 comments

When companies submit sponsor applications to the Department of Home Affairs, they may receive communications under Section 56 (s56) or Section 57 (s57) of the Migration Act 1958. It’s essential to understand the distinctions and implications of these sections to ensure compliance and avoid adverse outcomes.

Section 56 (s56): Request for More Information

An s56 request is a formal notice from the Department seeking additional information or documents to assess your sponsorship application. This is a standard procedure and does not imply any wrongdoing. Common requests under s56 may include:

  • Evidence of genuineness of the position.
  • Evidence of financial capacity.

Timely and accurate responses to s56 requests are crucial, as failure to provide the requested information can lead to delays or refusal of the application.

Section 57 (s57): Invitation to Comment on Adverse Information

An s57 notice is issued when the Department identifies adverse information that may negatively affect your application. This could involve discrepancies or concerns arising from the submitted documents. Examples include:

  • Underpayment of Employees: Evidence suggesting that sponsored employees are not receiving the correct wages.
  • Fair Work Australia (FWA) Cases: Ongoing or past legal actions related to workplace violations.
  • False Financial Information: Inaccurate representations of the company’s financial standing.

Receiving an s57 notice provides an opportunity to address and rectify any concerns. It’s imperative to respond comprehensively, as unresolved issues can lead to serious consequences, including:

  • Application Refusal
  • Fines and Penalties
  • Revocation of Sponsorship License
  • Legal Action
  • Business Closure

Key Takeaways

  • Accuracy is Paramount: Ensure all information and documents submitted are truthful and accurate.
  • Prompt Responses: Address any s56 or s57 communications swiftly and thoroughly.
  • Seek Professional Advice: If uncertain, consult with immigration professionals to navigate the process effectively.

For more information or assistance with s56, s57, and managing adverse information, please contact us at (02) 9189 2988 or email ross@crystalmigration.net.

Note: This article is for informational purposes only and does not constitute legal advice. Always consult with a qualified professional for specific guidance.