Section 57 — Certain information to be given to applicant
Text of provision
(1) In this section, relevant information means information (other than non-disclosable information) that the Minister considers:
(a) would be the reason, or part of the reason for refusing to grant a visa; and
(b) is specifically about the applicant or another person and is not just about a class of persons of which the applicant or other person is a member; and
(c) was not given by the applicant for the purpose of the application.
(2) The Minister must:
(a) give particulars of the relevant information to the applicant in the way that the Minister considers appropriate in the circumstances; and Migration Act 1958 123 Part 2 Arrival, presence and departure of persons Division 3 Visas for non-citizens
(b) ensure, as far as is reasonably practicable, that the applicant understands why it is relevant to consideration of the application; and
(c) invite the applicant to comment on it.
Plain English
Section 57(1) provides that before making a decision to refuse a non-citizen entry permit on the basis of information that would be the reason (or part of the reason) for refusal, the Minister must give the applicant particulars of that information and invite the applicant to comment. This is the statutory natural justice obligation in the visa context.
Section 57(2) limits the natural justice obligation — the Minister is not required to disclose information where the Minister considers it contrary to the national interest to do so (e.g., security-sensitive information).
Practical effect
The s 57 obligation is the main procedural fairness requirement in visa decision-making. It requires what is known as a "s 57 notice" or "natural justice letter" before an adverse decision is made. The notice must give the applicant a meaningful opportunity to respond — the period is typically 28 days for offshore applications and shorter for onshore matters. Failure to comply with s 57 is a jurisdictional error reviewable by the Federal Court. The s 57 obligation applies to information not already disclosed as part of the application — officers cannot rely on adverse information obtained independently without giving the applicant a chance to comment.