What is a section 57 natural justice letter?
A section 57 natural justice letter is an invitation to comment on adverse information under section 57(2) of the Migration Act 1958. A “natural justice letter” is the common name for this invitation. It gives particulars of information that would be the reason, or part of the reason, for refusing your visa—not a refusal decision itself.
Section 57(2) requires the Minister to ensure, as far as reasonably practicable, that you understand why the information is relevant and to invite your comment. Section 58(1) requires the invitation to say whether to respond in writing, at an interview or by telephone.
The practical task is to answer the identified information, rather than simply repeat your application. Separate the matters raised so that your explanation and supporting documents address each one.
What counts as relevant information under section 57?
Under section 57(1) of the Migration Act 1958, relevant information must meet all four conditions:
- It would be the reason, or part of the reason, for refusing the visa.
- It is specifically about you or another person, not just about a class of people.
- You did not give it for the purpose of the application.
- It is not non-disclosable information.
The third condition matters: because section 57(1)(c) excludes information you supplied for the application, your own EOI, Form 1000 statement and evidence need not be put back to you for comment under section 57 before refusal. This is a consequence of the provision, not a promise that the Department will ask you to explain every concern in your documents.
How long do you have to respond to a s57 request?
How long you have to respond to a s57 request depends on where the application was made and how the invitation was given: 28 days for a written invitation on an application made in Australia, 7 days if it was given at an interview or by telephone, except for the shorter detention period. Regulation 2.15 of the Migration Regulations 1994 sets the prescribed periods below.
The table reflects regulation 2.15 in the compilation dated 1 July 2026, checked as at 3 October 2026. Where no period is prescribed, section 58(2) of the Migration Act 1958 requires the invitation to specify a reasonable period.
| Where the application was made | Written invitation | Invitation given at an interview or by telephone | Extension (once) |
|---|---|---|---|
| In Australia (not in immigration detention) | 28 days after notification | 7 days | 7 days |
| In immigration detention | 5 days | 5 days | 5 days |
| Outside Australia | No period is prescribed; the invitation sets “a reasonable period”. No standard figure is published | No prescribed period identified in the sources available here; check the invitation | 7 days or 28 days |
Interviews: regulation 2.15(3) requires an interview within 28 days of notification for an application made in Australia, or 5 days in detention. For an application made outside Australia, the interview is within 28 days, or 70 days if the Minister so decides. These are interview-arrangement periods, not a standard offshore written-response deadline.
Third-party information: under regulation 2.15(2), the prescribed periods do not apply where information or comments must be obtained from a third party about health, public interest criteria such as police certificates, English or a skills assessment.
Read the actual invitation alongside these rules. There is no single fixed written-response period for every offshore application.
Can you get more time to answer a natural justice letter?
Yes, once—but an extension is not automatic. Under section 58(4) of the Migration Act 1958 and regulation 2.15(4) of the Migration Regulations 1994, the Minister may extend the response period by:
- 7 days if you are in Australia and not in immigration detention;
- 7 days or 28 days if you are outside Australia;
- 5 days if you are in immigration detention.
The rule permits one extension, not repeated extensions. Unless an extension has been granted, work to the period already specified in the invitation.
What happens if you do not respond to a s57 letter?
If you do not respond before the period expires, section 62 of the Migration Act 1958 permits the Minister to decide without taking further action to obtain your response. Silence does not resolve the adverse information.
Under sections 63(2)–(3) of the Migration Act 1958, the Minister must not refuse before the earliest of these events:
- your information or comments arrive;
- you say you will not respond;
- the response period ends.
That means the full period is not necessarily protected after you have replied: receiving your comments is one of the events that permits a refusal decision.
There is another side to the timing rule. Under section 55 of the Migration Act 1958, you may provide additional relevant information until the decision, and it must be considered. However, the Minister need not wait for further information you intend to send.
Section 57 or section 56: what is the difference?
Section 56 asks for more information; section 57 puts adverse information to you for comment. The Migration Act 1958 distinguishes the discretionary request under section 56 from the duties under section 57(2).
| Section 56 request | Section 57 letter | |
|---|---|---|
| What it does | Invites more information the Minister considers relevant under section 56 | Gives particulars of adverse information and invites comment under section 57 |
| Must the Department send it? | No. Section 54(3) permits a decision without asking for more documents | Yes, where information meets section 57(1) |
| Your own material | Further information about it can be requested under section 56 | Need not be put back to you under section 57(1)(c) |
| Form and response periods | The invitation specifies the form; regulation 2.15 provides prescribed periods | The same response-form and prescribed-period rules apply |
| Where it arrives | ImmiAccount “Actions required”, or your authorised recipient | The same communication routes apply |
A section 56 request for more information asks for further material, while a section 57 letter identifies adverse information for your comment. Home Affairs’ “After you apply” guidance explains the ImmiAccount route, and section 494D of the Migration Act 1958 requires documents to go to an appointed authorised recipient instead of you.
Natural justice on an 858: integrity, Form 1000 and achievement claims
On a National Innovation visa (subclass 858) application, what you lodge is not put back to you under section 57, so the EOI, the Form 1000 statement and the evidence have to be right before they go in. More precisely, section 57(1)(c) of the Migration Act 1958 means the Department need not put your own application material back to you for comment before refusal.
Home Affairs’ “Subclass 858 National Innovation visa” page says the application documents must show the achievements claimed in the EOI. Under section 9(5) of Direction No. 120, the decision-maker assesses all factors on balance, including unfavourable information.
PIC 4020 is a separate integrity concern. In the Migration Regulations 1994, it covers bogus documents and information that is false or misleading in a material particular. Information is materially false or misleading when it was false or misleading when given and relevant to a criterion, whether or not the decision turns on it.
Under PIC 4020(3), disclosing the false material yourself does not remove the operation of the criterion. PIC 4020(2) also creates a three-year exclusion criterion involving refusals under PIC 4020(1) for you or a member of your family unit.
Form 1000 warns that false information can lead to refusal, exclusion periods and later cancellation, and can harm the nominator’s reputation. Check that the nominator’s statement and the supporting evidence describe the same achievements accurately.
If you appointed an authorised recipient, section 494D of the Migration Act 1958 requires the section 57 letter to go to them; delivery to the recipient is treated as delivery to you.
Answering adverse information before an 858 decision
After your reply, the application proceeds towards a decision; the reply is not itself a grant or refusal. Sections 62–63 of the Migration Act 1958 govern when the Minister can decide following the invitation. Your response may answer the concern, but a section 57 reply does not determine the outcome by itself.
If refused, check whether you can appeal a visa refusal in Australia. For the stage after the tribunal, read about ministerial intervention, rather than assuming it is available in every case. For wider context, see why are 858 visa applications refused, the review process an 858 visa lawyer can undertake, and the main 858 visa guide.
Frequently asked questions
Is a s57 letter positive or negative?
It identifies a refusal concern, not a decision. Under sections 57 and 63 of the Migration Act 1958, you are invited to comment, and refusal must wait until your comments arrive, you decline to respond or the period ends.
What is the difference between s56 and s57?
Under the Migration Act 1958, section 56 requests more information; section 57 invites comment on adverse information. A section 56 request is discretionary, while section 57 particulars must be given where section 57(1) applies.
How long does Home Affairs take to decide after a s57 reply?
No specific post-reply decision time is published. Home Affairs’ “Subclass 858 National Innovation visa” page says the Department does not give application progress updates.
Can I send more documents after I have replied?
Yes. Section 55 of the Migration Act 1958 permits additional relevant information until the decision and requires its consideration, but the Minister need not wait for it.
Does the Department have to show me information I gave it myself?
No, not under section 57. Section 57(1)(c) of the Migration Act 1958 excludes information you gave for the application.
What if my application was made outside Australia?
Regulation 2.15 does not prescribe a written-response period, so section 58(2) of the Migration Act 1958 requires a reasonable period in the invitation. An extension, if granted under regulation 2.15(4), is 7 or 28 days.
Ask an Australian migration lawyer to identify each adverse matter in the section 57 letter and prepare a response in the form and time it specifies.