Section 57 – Natural Justice on student Visa application
During this difficult time, many students may have received or will receive a letter from DHA regarding student visa application.
Have you received a letter from Immigration inviting you to comment on Adverse Information? What does this mean? Well, the Department feels there might be a very good reason why your visa application could be refused. You have a very limited opportunity to convince them.
“Natural Justice” letters are dangerous
It is important that you take any letter very seriously. Read any “Invitation to Comment” letter that is sent through to you carefully.
There is a strict time deadline which appears in these letters. You must make a response to the issue raised by the Department on time. Take care to calculate when the time starts and when it ends.
Next, be very careful to make sure that any information you provide in response to any adverse information letter, will not further prejudice your application. Don’t dig yourself into an even bigger hole. This issue identified by the Department could potentially become an even greater issue for you. Are you giving Immigration more rope with which to hang you?
Your response to “Invitation to Comment”
Be sure to understand and comprehend fully what it is that the delegate is concerned about. If the delegate is asking for further documents or information, you must be clear on what it is precisely that the delegate is ultimately trying to ascertain.
This is a useful exercise to undertake with the assistance of somebody who understands the visa refusal process. This is because you might not be fully aware of the implications of the letter you have received from the Department … until of course you receive a refusal.
It could be that the decision-maker has missed something fundamental all that something critical to the application is simply not appearing on the departmental file.
It could also be that are very basic requirements of criteria that need to be satisfied either at the time of application or the time of the decision, appears to the case officer not to be satisfied.
This letter is an opportunity for the case officer to be fair with you. Yes, they can be nice! What you need to do is to ensure that your application does have merits given the concern or multiple concerns raised by the departmental officer in their letter. If your application does not have merit, then you might be better off withdrawing your application. Whether you should respond to the letter or whether you should simply withdraw the application it’s something that requires careful consideration.
One thing that I see you all the time is people providing far more information that is required in relation to the letter. In providing the wrong information or too much information or information responses that are not properly worded, or which did not address the point being raised will certainly prejudice your already weak position.
Example: one of our clients who has received this letter recently. This client who has previously on multiple student visas, in accordance with the information available in PRISMS student may not have complied with visa condition 8202 as you have been reported for unsatisfactory course progress and there are a period more than 3 months didn’t attend or registered to any course in AUS.
This is very dangerous, without a proper comment to DHA, this application normally may get refused. With our experiences, we have guided this client to the right directions and recently received Student Visa Grant.
TIPS to avoid this letter:
Always comply with your current visa conditions. If you are unsure, always discuss with experienced agent to assist you about your future plan.
Don’t compare yourself with others. Your circumstances are different with others. Ensure always plan according to your own circumstances.
If you need assistance with your student Visa, contact us now.
We will create custom plan to meet your goals and assisting your student visa application to avoid s57 issue.
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