What Section 57 Requires
Section 57 of the Migration Act 1958 is a natural justice provision. Before refusing a visa on the basis of adverse information, the Department is required to give the applicant the opportunity to comment on that information — as long as the information is not within a limited class of excluded material.
This is not a formality. It is a genuine legal obligation — and it gives you a real opportunity to address the concern before the decision is made.
What Triggers an S57 Letter
The Department issues an s.57 letter when it has obtained or identified information that:
- Is adverse to your application
- Is relevant to the decision
- Would be or could be part of the reason for refusing the visa
Common triggers in practice:
- Criminal history — Australian or overseas records the Department has obtained, including records you may not have been aware of
- Discrepancies — inconsistencies between what you stated in the application and information the Department obtained from another source
- Adverse sponsor or employer information — concerns about the legitimacy of the sponsor or employer
- Immigration history issues — overstays, previous cancellations, or refusals that have come to light
- Credibility concerns — the Department questions the accuracy or completeness of evidence you submitted
- Health concerns — adverse information from the Medical Officer of the Commonwealth
How an S57 Letter Differs From an NOI
These two documents are related but distinct. An NOI is issued when the Department has already reached a provisional view that it will refuse the visa. An s.57 letter is issued when the Department has adverse information it is required to put to you before reaching that view — or in conjunction with an NOI that has already been issued.
In practice, you may receive an s.57 letter alone, an NOI alone, or both together. Each requires a separate, targeted response.
What a Good S57 Response Does
The response must address each piece of adverse information individually. For each item:
- Acknowledge what the Department has identified
- Provide your explanation, clarification, or rebuttal — specifically and factually
- Attach supporting evidence that directly addresses the concern
- Where relevant, apply the correct legal test to your explanation
A response that says "I disagree with this" without explanation, or that attaches a large volume of general material without addressing the specific concern, is not effective.
Common Mistakes in S57 Responses
- Addressing a different concern from the one the Department raised
- Sending general character references rather than targeted evidence
- Failing to attach evidence that supports the explanation
- Submitting the response through the wrong channel
- Missing the deadline
After the Response
The Department is required to consider your response before making its decision. It may request further information, or it may proceed to a decision. If the visa is refused after your response, review rights may be available depending on the visa type — contact us immediately if you receive a refusal after an s.57 response.