Section 56 Request for Further Information – Response Services
A section 56 (s56) request for further information may be issued by the Department of Home Affairs while considering a visa application. Under section 56 of the Migration Act 1958, the Department may invite an applicant to provide additional information that it considers relevant to the application.
Receiving an s56 request does not necessarily mean that the visa will be refused. It generally means that the Department requires further information or documents before progressing or deciding the application. However, the response can be critical because the requested material may relate directly to whether the applicant satisfies the relevant visa criteria.
Common Reasons for an s56 Request
An s56 request may seek further information or documents concerning:
- identity and civil documents;
- relationship evidence;
- employment and work experience;
- qualifications and skills;
- financial capacity;
- source of funds;
- health examinations;
- police clearances and character matters;
- English-language requirements;
- sponsorship or nomination matters;
- dependent family members;
- custody or parental consent;
- previous visa and immigration history;
- genuine temporary or genuine student requirements;
- business or employment documentation; or
- clarification of inconsistencies or missing information.
The requirements vary considerably according to the visa subclass and individual application.
Understanding What the Department Is Requesting
An s56 request should be reviewed carefully before documents are uploaded.
The first step is to identify:
- what documents or information have been requested;
- why the Department may be requesting them;
- which visa criterion the request relates to;
- whether the requested evidence is available;
- whether existing documents contain inconsistencies; and
- the deadline for providing the response.
Providing documents without understanding the underlying issue can sometimes create further questions or inconsistencies.
Responding Where a Document Is Unavailable
Sometimes an applicant cannot obtain the exact document requested by the Department.
In those circumstances, the request should not simply be ignored. Depending on the case, it may be appropriate to provide:
- an explanation of why the document cannot be obtained;
- evidence of attempts made to obtain it;
- alternative documentary evidence;
- a statutory declaration;
- records from another authoritative source; or
- submissions explaining how the relevant visa requirement is otherwise satisfied.
The appropriate response depends on the particular visa criterion and the reason the evidence is unavailable.
Addressing Inconsistencies
An s56 request may reveal concerns about inconsistencies between the current application and other information available to the Department.
These could involve differences in:
- employment dates;
- residential addresses;
- relationship history;
- previous marriages;
- qualifications;
- financial information;
- travel history;
- family composition;
- names or dates of birth; or
- previous Australian or overseas visa applications.
Material inconsistencies should be addressed carefully and transparently. Where an error has occurred, a clear explanation supported by evidence may be required.
s56 vs Natural Justice / s57
An s56 request should be distinguished from a section 57 procedural fairness process.
An s56 request generally seeks additional information relevant to the visa application.
A section 57 process can involve adverse information that may be relied upon against the applicant and, where the statutory requirements apply, gives the applicant an opportunity to comment on that information.
The distinction is important because the strategy and legal issues involved can be substantially different.
Response Deadline
The Department’s request will specify the period within which the information should be provided.
Applicants should carefully check:
- the date of the request;
- the response deadline;
- how the information must be submitted;
- whether particular documents must meet specified requirements; and
- whether additional time may need to be requested.
An s56 request should not be left until the final day where substantial evidence needs to be collected.
Preparing a Complete Response
A properly prepared s56 response should generally:
- address every item requested by the Department;
- provide documents in a clear and organised manner;
- ensure documents are readable and appropriately translated where required;
- explain any unavailable documents;
- identify and address relevant inconsistencies;
- provide supplementary evidence where appropriate;
- include submissions or an explanatory cover letter where the matter requires clarification; and
- ensure that the response is submitted within the required timeframe.
The objective is to provide the decision-maker with a clear, complete and coherent response that assists in determining whether the applicable visa requirements are satisfied.
How Melton Migration Can Assist
At Melton Migration, we assist clients with section 56 requests for further information across a broad range of Australian visa applications.
Our services include:
- reviewing the Department’s s56 request;
- identifying the underlying visa criteria and issues;
- preparing a customised document checklist;
- reviewing documents before submission;
- identifying missing or inconsistent information;
- preparing explanations for unavailable documents;
- drafting statutory declarations where appropriate;
- preparing detailed written submissions or covering responses;
- organising relationship, employment, financial, character and other supporting evidence;
- responding to complex Departmental concerns;
- assisting with requests for additional time where appropriate; and
- preparing and lodging a complete response with the Department where authorised.
We assist with s56 responses involving Partner, Parent, Child, Skilled, Employer-Sponsored, Student, Visitor, Humanitarian and other visa applications, including matters where the request raises more complex immigration or evidentiary issues.
A section 56 request can be an important stage of visa processing. At Melton Migration, our focus is not simply on uploading the documents requested, but on ensuring that the response addresses the Department’s requirements, resolves identified evidentiary gaps and properly supports the visa application as a whole.
Disclaimer: This information is general in nature and does not constitute immigration or legal advice. The requirements and response period for an s56 request depend on the particular application and the Department’s correspondence.
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Natural Justice and Procedural Fairness Responses
Natural justice and procedural fairness are important safeguards in Australian immigration decision-making. In certain circumstances, where the Department of Home Affairs holds adverse information that may lead to the refusal of a visa application or affect another immigration decision, an applicant may be given an opportunity to comment on or respond to that information before a final decision is made.
A natural justice or procedural fairness letter should be treated seriously. The Department will generally identify the particular concern, information or allegation and provide a specified period within which the applicant may respond.
Section 57 – Certain Information Must Be Given to the Applicant
Section 57 of the Migration Act 1958 contains procedural requirements concerning certain information considered by the Department in deciding a visa application.
Where the statutory requirements apply, the applicant must generally be given particulars of relevant information and invited to comment on it.
Section 57 is not a general mechanism requiring the Department to raise every weakness in a visa application. Its application depends on the nature and source of the information and the statutory requirements.
Common Issues Raised
Natural justice or procedural fairness concerns can arise in relation to matters such as:
- criminal or character information;
- allegations of false or misleading information;
- suspected bogus documents;
- identity discrepancies;
- inconsistent information across visa applications;
- employment or work-experience concerns;
- relationship information;
- sponsorship information;
- financial documentation;
- qualifications or education records;
- information received from third parties;
- previous visa applications or immigration history; and
- other adverse information relevant to the visa criteria.
The exact issue raised in the Department’s letter should be identified before a response is prepared.
False or Misleading Information and PIC 4020
A natural justice letter may sometimes raise concerns under Public Interest Criterion 4020, including allegations that an applicant has provided a bogus document or information that is false or misleading in a material particular.
These matters can have consequences extending beyond the immediate visa application.
A response may need to establish:
- whether the information was actually incorrect;
- whether it was materially false or misleading;
- how the information or document was obtained;
- who prepared or supplied it;
- what the applicant understood at the relevant time;
- whether the applicant caused it to be provided;
- whether supporting evidence can resolve the discrepancy; and
- whether any applicable PIC 4020 waiver provision should be considered.
Character and Criminal History Concerns
The Department may also provide an opportunity to respond to adverse information concerning the applicant’s character or criminal history.
Depending on the circumstances, a response may address:
- nature of the offence;
- circumstances surrounding the conduct;
- sentence imposed;
- time elapsed since offending;
- subsequent conduct;
- rehabilitation;
- remorse and insight;
- risk of reoffending;
- employment history;
- family circumstances;
- Australian community ties; and
- other relevant considerations.
Court documents, sentencing remarks, police records and rehabilitation evidence may be particularly important.
Identity Discrepancies
Differences in names, dates of birth, passports or civil documents can create serious immigration concerns.
A detailed response may be required where the Department identifies inconsistencies between:
- current and previous passports;
- birth certificates;
- previous Australian visa applications;
- overseas visa applications;
- marriage documents;
- educational records;
- employment records; or
- other identity documents.
The response should provide a clear chronology and documentary explanation rather than simply stating that the discrepancy was an error.
Relationship Concerns
Partner and family visa applications can also attract procedural fairness concerns where information appears inconsistent with the claimed relationship.
Issues may involve:
- previous relationships;
- dates of separation or divorce;
- inconsistent residential addresses;
- conflicting relationship statements;
- financial arrangements;
- periods of separation;
- information obtained during interviews; or
- information supplied by another person.
A response should address the specific concern while continuing to establish the relevant relationship criteria.
Third-Party Information
Sometimes adverse information may originate from a third party, including another government agency, employer, former partner, educational institution or other source.
The applicant should carefully consider:
- what information has been alleged;
- whether it is accurate;
- whether important context is missing;
- whether the source may have misunderstood the circumstances; and
- what independent evidence can confirm the applicant’s version of events.
Unsupported denial may be less persuasive than a response supported by contemporaneous and independent evidence.
Preparing a Strong Response
A properly prepared natural justice response should generally:
- Identify each concern raised by the Department.
- Identify the relevant legislative or visa requirement.
- Respond to each allegation separately and directly.
- Correct any factual misunderstanding.
- Acknowledge established facts where appropriate.
- Explain inconsistencies with a clear chronology.
- Provide independent supporting evidence.
- Address any applicable discretion or waiver.
- Explain why the relevant visa criteria remain satisfied.
- Provide a clear conclusion requesting the appropriate favourable decision.
The response should be focused on the Department’s actual concerns rather than simply repeating the original visa submissions.
Supporting Evidence
Depending on the issue, supporting documents may include:
- statutory declarations;
- passports and identity documents;
- police certificates;
- court and sentencing records;
- employment records;
- payslips and taxation documents;
- bank statements;
- education records;
- relationship evidence;
- marriage and divorce certificates;
- medical reports;
- correspondence;
- government records;
- statements from relevant witnesses; and
- other independent evidence directly addressing the adverse information.
Response Deadlines
Natural justice and procedural fairness correspondence normally specifies a deadline for response.
The deadline should be checked immediately. The applicable period can depend on the statutory provision, type of application, method of notification and circumstances of the case.
Applicants should not assume that every natural justice letter provides the same response period.
How Melton Migration Can Assist
At Melton Migration, we assist clients with complex natural justice and procedural fairness responses, including:
- reviewing Departmental adverse-information letters;
- section 57 matters;
- PIC 4020 concerns;
- bogus-document allegations;
- false or misleading information;
- character and criminal history concerns;
- identity discrepancies;
- relationship inconsistencies;
- employment and qualification concerns;
- third-party allegations;
- preparation of statutory declarations;
- organisation of supporting documentary evidence; and
- preparation of detailed legal and factual submissions responding to each Departmental concern.
A natural justice letter represents an important opportunity to address adverse information before a final immigration decision is made. A response should be accurate, evidence-based and specifically directed to the concerns identified by the Department.
Disclaimer: This information is general in nature and does not constitute immigration or legal advice. Procedural fairness requirements vary according to the statutory provision and circumstances of each case, and strict response deadlines may apply.