What is a s57 Natural Justice Letter and what to do if you receive one from the Department of Home Affairs

Home Affairs

A Natural Justice Letter based on section 57 of the Migration Act 1958 is when the Department of
Home Affairs practices a fair procedure to inform you there are grounds to refuse your visa, but
before doing so, they invite you to comment on these reasons, giving the opportunity to give an
answer to avoid the refusal of your visa.


What Should you do if you received a s57 Natural Justice letter?


It is extremely important to carefully analyze the reasons why the Department is considering
refusing your visa. Example of reasons are when there are character or medical issues.
Generally, the Department of Home Affairs would give you 28 days to respond to this letter. It is
paramount to plan this response.


Elements of a s57 Natural Justice Letter

Procedural fairness: The Department of Home Affairs exercises a fair and transparent approach to
administrative law by issuing s57 Natural Justice Letters, ensuring protection to the right of visa
applicants to defend themselves before adverse information jeopardizing a visa approval.
Impartiality: By providing these notices the Department of Home Affairs procures to assess visa
applications in an unbiased way. It is for merits that the visa is assess and not by opinions.

Written by Ross Ahmadzai

17 Nov, 2023

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