Section 57: A Guide To Natural Justice Letters

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Have you received a Natural Justice Letter?

The people at immigration are not so bad.  Usually, you will receive the letter under section 57 of the Migration Act when a case officer has formed a view that they should refuse your visa application.

The Department is being kind. The purpose of the section 57 letter (also known as a Natural Justice Letter) is to allow you to recover from a likely refusal position.

It could be that the decision-maker has missed something fundamental. Or something critical to the application simply does not appear on the Departmental file.

It could also be that the case officer is not satisfied that you have met very basic requirements. This could be either at the time of your application or the time of the Department’s decision. 

s57 Natural Justice Letter

This letter is an opportunity for the case officer to be fair with you. Yes, they can be nice! What you need to do is to ensure that your application does have merits given the concern or multiple concerns raised by the departmental officer in their letter.

If your application does not have merit, you might be better off withdrawing your application. 

Whether you should respond to the Natural Justice Letter or you should simply withdraw the application it’s something that requires careful consideration.

One thing that I see all the time is people providing far more information than is required in relation to the letter. 

Providing the wrong information or too much information or information responses that are not properly worded, or which do not address the point being raised will certainly prejudice your already weak position.

To discuss how best to respond to a Natural Justice Letter, please book a consultation with me.

Your Experience?

Please share your comments with me.

I’d love to know more about your experience with applying for this visa subclass!

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Nilesh Nandan

Nilesh Nandan is Australia's most sought after immigration lawyer for visa refusals and visa cancellations. Appeal your visa or get help to relodge your Australian visa application or citizenship application.

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43 Responses

  1. Hi Sir,
    I am a PhD applicant and received s57 Natural Justice letter stating “The Department believes this applicant to be you. As you are determined by the Foreign Minister, or a person authorized by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction, this means that you have failed to meet Public Interest Criterion 4003(b). The Migration Act 1958 requires that your application be refused if the Minister (or a delegate) is not satisfied that you meet all of the criteria for the visa.

    Please help me out in understanding this

  2. My son born in Australia. He is diagnosed with Autism level 3. He is 7 years now. He go to normal public school. I applied for permanent visa 9 months ago but received neutral justice letter for his health condition. His treatment is not more than 10k per year. What are the chances?

    1. Hi,
      I would like to know how things went with ur case? I am on temporary student visa but facing the same situation with an 8yr old.

      1. Dear Jason,

        Thank you for reaching out.

        Every case can be unique, especially when it involves children. If you’re facing a similar situation while on a temporary student visa, it would be beneficial to review your options and understand the best steps forward. I would recommend booking a quick chat with me so we can discuss your situation in detail and find the most suitable approach for you and your child. You can book an appointment directly here: MyVisa/appointment.

        Regards,
        Nilesh
        Immigration Lawyer & Special Counsel
        MyVisa® Immigration Law Advisory
        http://myvisa.com.au

  3. I received a s57 letter from the school before they will issue my confirmation of enrollment. What does this means? Why my school required me to submit s57 letter?
    It is not from.immigration just from the school thats why im wondering what umis there purpose and direction for this s57 letter.
    Can someone help me or give me some clarification about this?
    Thank you

  4. Hello Sir,
    I got natural justice today on 14th of July 2022. It was based on and only on expired/cancelled CoE ;( why didn’t they asked for updated CoE instead of sending natural justice?

    1. hey! what happened afterwards did you get the visa? I received S57 in March for the same reason (Expired COE). I updated the new COE but haven’t heard back since.
      I would highly appreciate a reply.
      Thank You!

  5. I got Natural Justice in 2020. I Withdrawaled my Study Visa application. Can I apply for Study Visa application for Canada ?

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