Section 57 notice of adverse information

A section 57 letter tells a visa applicant about adverse information that may be a reason for refusal, and invites comment. It is sometimes called a notice of intention to consider refusal; the Act does not use that name.

The short answer

Section 57 of the Migration Act 1958 applies to a visa application. Where information that the applicant did not give for the application would be the reason, or part of the reason, for refusing it, the Minister must give the applicant particulars of the information, make sure as far as reasonably practicable that the applicant understands why it is relevant, and invite the applicant to comment.

Practitioners often call this a notice of intention to consider refusal, or a section 57 letter. The Act does not use those names. It is the refusal-stage counterpart of the cancellation notice described in notice of intention to consider cancellation.

What it does not cover

Non-disclosable information is excluded from the requirement. Section 57 also does not apply to decisions under sections 501(3) and 501(3A), the character powers where natural justice does not apply. See mandatory cancellation under section 501(3A).

It is a different document from a cancellation notice under section 119 or section 107. If your letter is about a visa you already hold, see section 116 or section 109.

How long the response period is

The invitation itself must specify the period, and the length depends on the situation. The Migration Act and regulation 2.15 set different periods for people in Australia and outside, for people in detention, and for different visa types. For written comments, regulation 2.15 as read on 16 October 2026 sets these periods for applicants in Australia:

in most cases, for an applicant who is not in detention, 28 days after being notified of the invitation
7 days after being notified, for a Subclass 600 (Visitor) or Medical Treatment (Visitor) (Class UB) visa application
7 days after an invitation given at an interview or by phone
5 days after being notified, where an applicant for a substantive visa is in immigration detention

The Minister can extend the period by a further 7 days for someone in Australia who is not in detention, or 5 days for someone detained. Other periods apply in some situations, including some applicants outside Australia. The date and period in the invitation are what count.

Refused or invalid: why the difference matters

Only a valid application can be refused. An invalid application is not considered at all, and the Minister is not to consider it. A valid application is either granted or refused under section 65. The ART review provisions in section 338 deal with decisions to refuse or cancel a visa, so the wording of the letter matters. See which visa refusals can the ART review and what to do after a visa refusal.

Next step

A section 57 letter is a chance to comment before a decision is made, and the window can be as short as 5 or 7 days. The invitation states the period that applies. For help with a specific letter, a registered migration agent, an Australian lawyer or a free legal service is the right contact; this site gives general information only and does not give legal advice or immigration assistance.