Section 57 Natural Justice Letter Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Section 57 Natural Justice Letters

S57 Letter Analysis & Advice

We meticulously analyse your S57 Natural Justice letter, explain the Department’s concerns, and advise on the best response strategy.

Evidence Review & Submission Preparation

Our team gathers evidence and prepares a submission on adverse information.

Strategic Response & Visa Withdrawal Advice

We help you address all points on time or suggest withdrawing your application if better.

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We encourage a free 15-minute call to discuss your situation & map out a path to responding to your S57 Natural Justice Letter.

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What is an S57 Natural Justice Letter?

An S57 Natural Justice letter is sent by the Department of Home Affairs when they have “adverse information” that might lead to a visa refusal. It’s an “Invitation to Comment,” giving you a chance to respond before a final decision.

The letter will detail the specific concerns or allegations, which could range from simple mistakes to more severe issues like suspected false documents. Understanding these particulars is crucial for your response, as this is often your last opportunity to prevent a refusal.

Responding to Your S57 Letter

When you receive an S57 letter, you typically have a strict timeframe, often 28 days, to provide a written response with supporting evidence. This response must directly address the Department’s concerns and explain why the information should not lead to a visa refusal.

Failing to respond adequately or within the deadline can result in your visa being refused. Deciding whether to respond or, in some cases, withdraw your application requires careful consideration and often expert legal advice to navigate the best path forward.

Why Choose Moya Migration Law for Your S57 Letter Response?

Responding to an S57 Natural Justice letter is a critical, time-sensitive step in your visa application. Moya Migration Law provides expert analysis, strategic submission preparation, and dedicated support to give your response the best chance of preventing a visa refusal.

Expertise in S57 Letter Responses

Our lawyers have extensive experience interpreting S57 letters, identifying key issues, and formulating effective, evidence-based replies.

Client-Focused & Clear Guidance

We provide personalised support, clearly explaining the implications of your S57 letter and guiding you through each step of the response process.

Strategic Submission Preparation

We develop tailored strategies to directly address the Department’s concerns outlined in your S57 letter, crafting robust submissions to protect your visa.

Timely & Diligent Responses

We understand the urgency and ensure your S57 letter response is meticulously prepared and lodged correctly within the strict deadlines.

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Our 5-Step S57 Natural Justice Letter Response Process

Receiving an S57 Natural Justice letter requires a swift and strategic response. Moya Migration Law guides you through our clear, structured process to analyse the Department’s concerns, prepare a robust submission, and protect your visa application.

1

Urgent S57 Letter Review & Consultation

We immediately review your S57 letter, explain the “adverse information” or allegations, and advise on the best strategy for your response.We review your visa refusal or cancellation and discuss your situation. This helps us understand your case and outline a potential strategy.

2

Evidence Analysis & Gathering

Our team helps determine the accuracy of the Department’s information and assists you in compiling all necessary evidence to support your comments.

3

Crafting Your Detailed Submission

We meticulously prepare a comprehensive written submission that directly addresses each concern raised in the S57 letter, arguing why your visa should be granted.

4

Strategic Decision & Timely Lodgement

We help you decide the best course (respond or withdraw application if appropriate) and ensure your finalised response is lodged within the strict timeframe.

5

Post-Submission Monitoring & Advice

We monitor for the Department’s decision following your S57 response and provide clear guidance on the outcome and any subsequent steps for your visa.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your S57 Natural Justice Response Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally guides clients through the critical S57 Natural Justice letter response process. With over two decades in Australian migration law since 2002, Daniel offers expert strategic advice for these sensitive matters.

Daniel is committed to providing clear, plain-English explanations of the Department’s concerns and developing robust submissions to protect your visa application. He understands the stress an S57 letter can cause and offers dedicated support. Daniel also provides legal assistance in Spanish.

Frequently Asked Questions about S57 Natural Justice Letters

What is an S57 Natural Justice letter?

An S57 letter is an “Invitation to Comment” from the Department of Home Affairs, issued when they have adverse information or suspect false/bogus documents related to your visa application, which might lead to a refusal.

What is Section 57 of the Migration Act 1958 (Cth)?

Section 57 requires the Department to notify you if they have adverse information that could be a reason to refuse your visa, and give you a chance to comment on it. This upholds the principle of natural justice.Not all decisions made by the DHA are reviewable by the ART; your decision letter will state if you can appeal the decision to the ART and if you are eligible for a review. For example, certain decisions made personally by the Minister for Immigration may not be reviewed by the ART. It is important to check your letter from the department carefully to understand your review rights.

Can I still get my visa after an S57 letter?

Yes. An S57 letter means the Department has concerns, not that a final decision is made. A comprehensive and well-prepared response can address these concerns and potentially lead to visa approval.

How long do I have to respond to an S57 letter?

The letter will specify a timeframe, typically 28 days, to submit your response. It’s crucial to comply with this deadline, as extensions are discretionary and not guaranteed.

How long until a decision after my S57 response?

Wait times for a decision after you respond vary based on visa type, submission nature, and Department workload. Providing accurate and relevant information can help expedite the process.

What if I don't respond to an S57 letter?

Neglecting or insufficiently responding to an S57 letter within the timeframe will likely lead to your visa application being refused based on the adverse information held by the Department.While you can represent yourself, the ART appeal process is complex, and immigration law has many technicalities that can be challenging to navigate alone. Engaging an experienced immigration lawyer or ART appeal lawyers can help you understand these complexities, ensure your submissions for the migration review are based on sound legal arguments, prepare you thoroughly for the ART hearing, and significantly increase your prospects of a successful outcome for your visa decision. Seeking legal advice is often beneficial when you appeal to the ART.

What should my S57 response focus on?

Your response should directly address the specific “adverse information” or allegations detailed in the S57 letter, providing explanations, comments, and supporting evidence where appropriate.

What is the difference between an S56 and S57 request?

An S57 request specifically relates to adverse information or suspected false/bogus documents. An S56 request is generally a more straightforward request for further information, like a birth certificate or health record.

Why is legal help important for an S57 letter?

An S57 letter is often a last chance to prevent refusal. Lawyers can analyse the letter, advise on the best response strategy, help prepare submissions with necessary evidence, and ensure compliance with strict deadlines.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

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Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

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Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.