Dive into s57 Request on Partner Visa Australia: What It Means and How to Respond in 2025
First of all, what is the s57 request? s57 Request, or IMMI Natural Justice, is an invitation to comment sent by the Department of Home Affairs to visa applicants. s57 Request applies to all Australian visa applications, including the Partner Visa Australia.
Receiving an s57 request means that the Department of Home Affairs found adverse information while assessing your Partner Visa Australia application. The adverse information may include, but is not limited to, false information/documents, issues in meeting specific criteria such as health or character requirements, etc.
The s57 request is a good deed from the Department of Home Affairs, allowing you to provide comments first, even though they are considering refusing your Partner Visa application. Thus, responding to the s57 request is very crucial. Indeed, it can be your last chance to get your Partner Visa application approved. Understand that you must respond to the s57 request to avoid your Partner Visa being refused.
I am here to guide you on responding professionally to the s57 Request, helping you get your Partner Visa Australia application approved.
What are the key elements of s57 letter?
There are four key elements in s57 letter, which include the right to a fair hearing, the right to know the case against you, the right to present evidence, and the right to have decisions made by an unbiased decision-maker. These principles are crucial for preserving the integrity of legal systems and safeguarding individuals’ rights. In the context of administrative or governmental decisions, such as visa applications, s57 letter demands that applicants be given notice of adverse information or judgments that impact them and the opportunity to comment before any final decision is made.
- Notice: The Migration Act requires an s57 letter to provide thorough information regarding the unfavourable result, ensuring the Department acknowledges the application’s relevance. If the letter lacks specifics, a lawyer may be called for help.
- Impartiality: Impartiality is a fundamental legal concept, ensuring all applicants are free from bias. The s57 Request must demonstrate impartiality, considering applications based on merit, without personal or political bias. If bias is found, consult a lawyer immediately.
- Hearing: s57 ensures that applicants have a fair hearing, allowing them to present or question evidence and listen to arguments against them, as detailed in the letter.
- Timing: To prevent delays, it is essential to adhere to the 28-day time restriction for responding to the S57 letter. If you are given an unreasonable amount of time, get in touch with a lawyer right away.
Why do you receive an s57 Request on your Partner Visa application?
You receive an s57 request because the Department of Home Affairs found adverse information regarding your Partner Visa Australia application, which may be about one of these:
- Bogus Documents or Information
- Issues in Meeting the Health Requirements
- Issues in Meeting the Character Requirements
- No Documents or Information to Confirm Your Relationship
- Irrelevant Information Between Your Current Partner Visa and Previous Australian Visa Application
Reason #1: Bogus Documents or Information
Bogus documents or information refers to a document or certain information obtained illegally. You’re completely wrong if you think the Department of Home Affairs will not notice your fake divorce certificate or relationship history.
The Department of Home Affairs has the power to check all documents and information you have provided. So, ensure that you provide only truthful and genuine information and documents.
Although the Department of Home Affairs allows you to comment on this, providing a bogus document or information is a serious offence. The chance to get your Partner Visa Australia application approved is meagre.
If you find yourself in this situation and urgently need legal assistance, please call us, and we will do our best to find the most suitable solution.
Reason #2: Issues in Meeting the Health Requirements Due to Your Health Condition
It usually happens when the Department of Home Affairs and the Medical Officer of the Commonwealth (MOC) find that you have one of the following health conditions based on your medical examination result:
- Measles outbreak;
- Tuberculosis;
- HIV and hepatitis;
- Yellow fever;
- Polio;
- Ebola Virus Disease (EVD)
Having one of those health conditions means you do not meet the health requirements. So, the Department of Home Affairs will send you the s57 request and the MOC’s Costing and Opinion Letter for this case. Both letters will outline the results of your medical examination and the expected healthcare expenses associated with your situation in Australia.
Your job is to assure them that you have the financial capability to support your healthcare expenses and are committed to curing your illness. So, the Department of Home Affairs can exercise a Health Waiver for you.
You will only get your Partner Visa Australia application approved if the Health Waiver is accepted.
Reason #3: Issues in Meeting the Character Requirements due to Your or Your Sponsor’s Criminal Record
It happens when you or your sponsor has a substantial criminal record and convicted offences either in Australia or outside Australia, which will be a threat to the Australian public and community.
The length of a court-imposed sentence determines the severity of the criminal offence. You have a substantial criminal record if you have ever been:
- Sentenced to death or imprisonment for life
- Sentenced to a term of imprisonment of 12 months or more
- Sentenced to two or more terms of imprisonment (even if served concurrently) where the total is 12 months or more
- Found by the court not to be fit to plead about an offence, but found to have committed the offence and detained in a facility or institution
Having a substantial criminal record or being convicted of one of the offences listed here means you do not meet the character requirement for a Partner Visa application.
The s57 will be sent to you, and you must provide comments explaining why you were convicted of the offences and why your sponsorship or Partner Visa application should be approved. In this case, you have to explain what leads you to those convictions truthfully, whether you will be a threat to the Australian community or your partner, etc.
“I can avoid this situation by simply not mentioning my offences, right?” You’re completely wrong.
Don’t ever think of not mentioning your offences because it will lead you to the problem in number 1, providing bogus information. Can you imagine how complex it will be when you’re found providing false information and have a substantial criminal record simultaneously?
Reason #4: No Documents or Information Could Confirm the Genuineness of Your Relationship
For example, the Department of Home Affairs requires at least 2 Form 888 to be provided, but you ignore it because you think it’s not important. Guess what? Another mistake. Form 888 is as important as your other evidence of relationship.
Simply said, the purpose of Form 888 is to confirm whether your relationship is genuine. I believe you will at least share your big moments with your friends and family, so there’s no way your friends or family did not know about your relationship.
Then, what happens if the Department of Home Affairs cannot confirm your relationship with your friends or family? Or what if the Department of Home Affairs could not find any record of your happy relationship on your Instagram account?
As expected, you will receive an s57 request. You must comment on why no Form 888 was provided and why no one could confirm your relationship. If you fail to respond, expect the refusal to be immediate.
So, arm your Partner Visa Australia application with the detailed document checklist, which you can find on our post: Document Checklist For Australian Spouse Visa
Reason #5: Irrelevant Information Between Your Current Partner Visa and Previous Australian Visa Applications
Let’s say you have ever lodged and been granted a Visitor Visa before, where you mentioned that you have no relatives in Australia. It turns out that when you came to Australia, you visited your boyfriend, who will sponsor you on a Partner Visa.
It displays irrelevant information on your Visitor Visa and Partner Visa application, which is undesirable. You will receive an s57 request and must comment on why you did not mention your boyfriend on your Visitor Visa application.
It will happen if other irrelevant information is also found.
What you should do when receiving an s57 Request
Upon receiving the s57 request, it is essential to examine the Request first. Find out what adverse information was found and what you should comment on. You may find one of the above reasons.
You must pay careful attention to the given days to respond. Usually, you will have either 28 or 35 days to comment on the adverse information.
Don’t ever think that providing a statement letter or simply replying to the email is the answer. You must do the processes below to respond promptly to the s57 request.
Read more: Partner Visa Refused in 2024: Why? And How to Avoid It?
The process of responding to the s57 Request for your Partner Visa application
Responding to the s57 request involves four steps:
- Preparing your comments on the Statutory Declaration
- Gathering supporting documents for your comments
- Uploading all documents
- Responding to the Department of Home Affairs by email
Step 1: Preparing comments on the Statutory Declaration
I always suggest my clients provide the comments in a Commonwealth Statutory Declaration form. It will give the strength that your comment is genuine, truthful and legal.
The most important thing to do is to provide detailed comments. Don’t miss any little information in your comments, and don’t be afraid or ashamed to reveal the truth to the Department of Home Affairs.
The Department of Home Affairs won’t judge you; they need the most detailed and truthful information to make a just decision for your Partner Visa Australia application.
Also, ensure that the comments from you and your sponsoring partner are relevant and match each other. So, it requires hard work from both of you here to pursue your dream life together.
Step 2: Gathering supporting documents for your comments
The supporting documents for the s57 request depend on what case you’re on. Suppose it’s about a health issue, and you need to demonstrate your financial capability. In that case, you must provide all documents showing:
- your current financial situation,
- your assets and
- anything else showing you have the funds for your healthcare.
The Department of Home Affairs also needs a point of view from people around you to assess your Partner Visa application. Consider also obtaining supporting letters from your friends and family, which can attest to your genuine commitment and willingness to meet every requirement.
If you need to discuss what supporting documents you must prepare, don’t hesitate to contact me and my team. We are here not to judge you but to help you. We will guide you in finding the best way to respond to the s57 request.
Step 3: Upload the comments and supporting documents to your online Partner Visa application
Now that you’ve received your comments and supporting documents for your claim, all you need to do is submit the documents to your online Partner Visa application via your ImmiAccount.
Ensure that the comments and supporting documents are provided within the given timeline. If you require additional time to respond, please get in touch with the Department of Home Affairs by email or phone to request an extension.
Step 4: Response to the Department of Home Affairs by email
The final step is to email the Department of Home Affairs to notify them that you have completed the comments and provided the supporting documents.
You can reply by replying to the email address mentioned on the s57 IMMI Justice Letter.
If you need assistance on this, we at ONEderland Consulting are ready to assist you.
What happens if you fail to respond to the s57 Request
If you fail to respond to the s57 request, your Partner Visa application will be refused. It happens when you did not provide the comments within the given timeframe, or if the Department of Home Affairs finds that the comments and supporting documents don’t explain the adverse information.
You will have a chance to review the decision with the Administrative Review Tribunal. However, the chances of winning the case will still be low.
This is why it is always strongly suggested that you appoint a Registered Migration Agent when you face this situation. There are too many things to lose if you fail to respond to the s57 request.
The challenges and why responding to the s57 Request is crucial
Receiving an s57 request about your Partner Visa application from the Department of Home Affairs (DHA) can be frustrating and challenging. It’s important to realise that this is not a rejection of your visa application; instead, it’s a chance to address any issues brought up by the DHA and possibly have your application approved.
Be prepared, as you will face these challenges in responding to the s57:
- Limited space: You have 28 days, only 1 month, to reply to the S57 request. Your visa application could be automatically denied if you miss this deadline.
- Addressing issues: You must respond effectively, as this will increase the likelihood of a successful outcome by clarifying any misunderstandings, providing additional evidence, and addressing the specific issues mentioned in the s57 request.
s57 is your last chance to have your Partner Visa application approved. Therefore, you must work diligently to respond to the s57 request.
Don’t put your future in peril.
Contact us right now to discuss your s57 Partner Visa application. Find out how our expert immigration consultants can support you through this crucial phase and help you pursue your happily ever after.
How ONEderland Consulting can assist you
We at ONEderland Consulting understand how challenging and emotionally draining it can be to navigate the Partner Visa application process, especially when you receive a s57 Request. Throughout your journey, we are committed to offering empathetic and individualised support while paying close attention to your particular circumstances and goals.
We are committed to being open and honest with you, keeping you updated and involved at every stage of the process. We will work tirelessly to secure the best possible outcome for your future in Australia, and you can rely on us to be your dependable partner and advocate.
We are complex visa specialists. As a registered Australian migration agent with the Migration Agents Registration Authority (MARA), we are subject to professional regulation and bound by the Code of Conduct issued by the MARA.
Take the first step and contact us. Our team members are honest, accountable and professional. Contact us by email at visa@onederland.com.au, by phone at 1300 827 159, or via WhatsApp at +61494367258. Alternatively, you can book your consultation online. And remember, our services are backed by our 100% Money-Back Guarantee Program, which ensures that you receive a full refund if you’re not satisfied with our services.
FAQ about s57 Request for Partner Visa Application
1. What is s57 in Immigration?
The s57 Request, also known as IMMI Natural Justice, is an invitation to comment sent by the Department of Home Affairs to visa applicants. All Australian visa applications, including Partner Visa Australia, are subject to the s57 Request when adverse information is found.
2. What does s57 mean?
If you receive an s57 request, it indicates that during the review of your Partner Visa Australia application, the Department of Home Affairs discovered unfavourable information. Adverse information can include, but is not limited to, false information or documents, problems fulfilling certain requirements, such as character or health requirements.
3. Is s57 Request positive or negative?
Although the Department of Home Affairs is considering rejecting your Partner Visa application, it is a good deed to allow you to comment beforehand through the s57 request. Therefore, you must reply to the s57 request. In fact, this may be your last opportunity to have your application for a Partner Visa granted.
4. What is the difference between s56 and s57 requests?
The s56 request is a general request that is sent to you after you submit your Partner Visa application. The purpose is to request further documents or information, which generally includes a Request to undergo a health examination and provide a police certificate, etc. Meanwhile, the s57 request is the complex one. s57 Request will be sent when adverse information is found, as explained above.
