Adverse information identified
The Department has information that would lead to refusal. This could be character, health, credibility, relationship, or document concerns.
Natural Justice · 28-Day Window · Pre-Refusal Warning
A Section 57 letter is a warning before refusal.
The Department has identified information that, if relied on, would lead to refusal. Section 57 of the Migration Act requires the Department to give you a chance to comment. Your response can often change the outcome. Our Immigration Lawyer Prateek Maan handles these responses.
What Section 57 means
Three elements of a natural justice letter.
The Department must follow natural justice. Section 57 codifies when and how.
Opportunity to respond
You are given a window (typically 28 days, sometimes shorter) to comment on the information before a decision is made.
Response considered before decision
A properly drafted response can address the concern and prevent refusal. The letter is an opportunity, not a rejection.
Failure to respond = refusal
Not responding, or responding inadequately, usually results in refusal based on the adverse information.
Common reasons for Section 57 letters
Four typical triggers.
Section 57 letters come in predictable categories. Understanding which category applies shapes the response.
Document authenticity concernsSuspected false or altered documents. Triggers PIC 4020 scrutiny. Response must address authenticity directly.
Relationship genuineness concernsPartner visa applications. Evidence gaps or inconsistencies. Response needs updated evidence and narrative.
Character or health informationCriminal history or medical findings identified. Response engages character waivers or health waivers.
Inconsistent informationApplicant statements differ between applications or forms. Response explains and reconciles.
How to respond
Three components of a strong response.
Responses are written submissions with supporting evidence. Quality determines outcome.
Submission structure
Formal written submission addressing each concern raised. First-person narrative where appropriate. Legal framework referenced.
Supporting evidence
Fresh evidence responding to specific concerns. Not general evidence. Targeted, specific, corroborative.
Timing
Response must be lodged within the deadline in the letter. Extensions rare. Missing the deadline usually means automatic refusal.
Section 57 responses save cases that would otherwise be refused.
A strong Section 57 response can turn a near-refusal into a grant. The Department is legally required to consider the response. Quality submissions with targeted evidence frequently prevent refusal. Weak or late responses rarely do.
Common questions
The questions we hear most.
For Section 57 responses, contact Prateek Maan urgently.
How long do I have to respond to a Section 57 letter?
Usually 28 days but can be shorter. Check the letter itself for the exact deadline. Deadline is strict.
What happens if I miss the deadline?
The Department can proceed to refuse based on the adverse information. Late responses may not be considered. Act immediately on receipt.
Is a Section 57 letter the same as refusal?
No. It is a pre-refusal opportunity to respond. A strong response can prevent refusal entirely.
Do I need a lawyer for a Section 57 response?
Not legally required but strongly recommended. The quality of the response often determines the outcome. See response guide.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.