Invitation to Comment (S57): What Does It Mean for Your Visa?
If you have a pending visa application, receiving a letter from the Department of Home Affairs (DoHA) can be stressful. One of the most serious notices you can receive is an Invitation to Comment, also known as a Natural Justice (S57) letter. While the letter title sounds polite, an Invitation to Comment is a formal warning. It means the Department has found something that could cause your visa to be refused.
Why did I Receive an Invitation to Comment – Natural Justice (S57) Letter?
In Australia, the law requires that DoHA be fair when making decisions. This is known as procedural fairness. Under Section 57 of the Migration Act 1958, if a case officer finds adverse information or negative information that you have not seen, they cannot simply refuse your visa. They must first:
Tell you what that information is; and
Give you a chance to explain or disagree with it.
What are the Common Reasons for a Natural Justice (S57) Letter?
An Invitation to Comment, Natural Justice (S57) letter is usually triggered by one of the following concerns:
You provided information in your current application that contradicts something you said in a previous visa application.
The Department received a report or information from another government agency, like the ATO or the police, that suggests you do not meet the criteria.
The Department suspects a document you provided is not genuine or has been altered (Public Interest Criterion (PIC) 4020).
For certain visas, the case officer may have found evidence suggesting the relationship, the intention to study, or your nominated position is not genuine.
The Strict Deadline for Natural Justice (S57) - Invitation to Comment Letter
Every Natural Justice (S57) letter comes with a response deadline. Depending on the type of information and whether you are in Australia, you may only have 7, 14, or 28 days to provide your explanation.
The Warning: If you do not respond by the deadline, the case officer will proceed to make a decision based on the adverse information they have. This almost always results in a visa refusal. If your visa is refused, you may have the right to appeal for merits review; seek professional assistance for the appeal process.
Related: Last Chance to Act: How to Protect Your Visa Before Refusal or Cancellation
How to Respond Effectively
An Invitation to Comment (S57) letter is your one and only chance before a visa decision is finalised. A simple email saying "this is not true" is rarely enough. To save your visa, you should:
If the Department doubts your work history, provide tax records, bank statements, and new reference letters to prove the facts.
If there is an inconsistency, explain why it happened and provide the accurate answer.
Engage an immigration lawyer or Accredited Specialists in Immigration Law who specialises in complex visa cases and prepare a strong legal submission; a lawyer can argue why the information should be disregarded or why you still meet the visa criteria despite the adverse finding.
Why You Need Professional Assistance
Responding to an Invitation to Comment can make or break your visa decision. The Department has already expressed doubt about your honesty or eligibility. If your response is weak, inconsistent, and/or lacks evidence, you are handing them the reasons they need to refuse your visa. Furthermore, if the Natural Justice (S57) letter is related to PIC 4020, a failure to respond correctly can result in a 3-year or 10-year ban from Australia. Read: Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Do I Need a Migration Agent or an Immigration Lawyer? Understanding the Difference
Visa Refusal Consequences: Understand the Reason & Next Steps
I Missed the 28 Day Window to Appeal My Visa – What are My Options?
How Can Agape Henry Crux Help
Speak with one of our two Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva at Agape Henry Crux. They specialise in highly complex visa matters such as responding to a Natural Justice (S57) letter. By acting quickly and providing an evidence-backed response, many applicants can overcome these concerns. Consider arranging a consultation with us to get tailored professional advice and guidance on your next best step. You can book a consultation with us by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and in the 2027 edition of The Best Law Firms™ - Australia.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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