How is A s57 Inviation Different From a s56 ?

A s57 invitation should not be mistaken for a s56 request. A s56 request is very common and is a standard request to provide further information and or documentary evidence. A s56 request is neutral in the sense that the delegate’s issuing of the s56 request does not mean the delegate has formed an adverse opinion; nor does it tell you they are reviewing adverse information that may lead them to believe that the applicant may not meet one or many parts of the partner visa criteria.

A s57 invitation is labelled a “Natural Justice Letter”. An invitation to provide relevant  information that the delegate requires in order to assess whether you meet the partner visa criteria. A Natural Justice Invitation will point to the specific issue at hand and will warn the applicant that failure to adequately satisfy the criteria, with evidence, can lead to an adverse decision. A s57 invitation to comment means a case officer, at the point of issuing, is reviewing the application and is assessing “adverse information”. At times addressing a s57 invitation to comment is easy and at other times it can be complex. It depends on the relevant information cited by the delegate. The degree of difficulty is determined by the applicant’s ability to comprehensively respond to the invitation and provide evidence and argument that demonstrates that the applicant meets the relevant criteria in question.

We have had a few s57 requests over the years across multiple visa subclasses. In respect of partner visas (from memory) these requests were:

1. A delegate accidentally applying a 3 year ban – when it was not the case in our client’s circumstances – We wrote back and pointed out the correct version of the law and the 300 visa was ultimately granted.
2. Claim of Non-Genuine Relationship – A delegate mentioned that a 3^rd party had declared the relationship was not genuine – We provided a detailed submission, supported by overwhelming evidence to the contrary and the 300 Visa was ultimately granted.

A common concern that triggers a s57 request to provide comment, are in situations of providing false or misleading information. In such instances an applicant effectively fails to meet PIC4020 – which is a public interest criteria attached to all partner visa applications. We have successfully combated 4020 in the form of a s57 request for one of our 485 students – effectively resulting in the grant of our client’s 485 Visa.

The key is intimately knowing “all” the requirements of the partner visa criteria and knowing if the s57 request is predicated on correct information/concerns and secondly forming an opinion as to whether or not valid arguments and evidences can be presented in support of satisfying the criteria in contention. Often there are waiver provisions that must be argued in favour of a client.