A natural justice request for your student visa application is made under Section 57 of the Australian Migration Act if the Department of Home Affairs has concerns about the character requirements.
How do you handle the complexities of natural justice, and what does it actually translate to?
To help you understand the foundations of natural justice, education ONE will discuss what criteria will be assessed and how to respond to them, as well as a brief step in preparing your application.
What is Section 57 Character Requirement for Student Visa Australia?
Just received a Section 57 request?
S57 “Natural Justice Letter” is your chance to explain your side of the story and fight the potential visa refusal.
As a student visa applicant you have the right to be heard.
You’ll be given the opportunity to respond when there’s information which may result in the decision in refusal.
Character requirements are clearly listed as one of the mandatory factors in the “eligibility” section of the Australian student visa page, so if you get a request to respond to Section 57, you better be prepared..
The term “character” here includes criminal history, visa compliance record, and behavioural risks that may pose a risk while in Australia.
Citing from JCU Australia, the principles of natural justice, which are applied under Section 57, include:
- Audi alteram partem (hear the other side): You’ll be given a fair chance to present your side of the story.
- Nemo judex in sua causa (no one should be a judge in their own case): Decision-makers must remain impartial.
If you don’t meet the character requirements, your student visa may be cancelled or refused, which could significantly impact your academic goals and future in Australia.
Criteria Evaluated in Character Assessments for Section 57
Many criteria are taken into account to evaluate if you meet the character criterion needed to obtain or maintain a visa.
These factors are carefully taken into account, and any concerns about one’s moral behaviour could lead to their visa being refused or cancelled:
- Substantial Criminal Record
- Immigration Detention related criminal convictions
- Association and membership
- People smuggling, human trafficking,
- international crimes
- War Crimes
- Conduct
- Domestic and Family violence
- Unacceptable Risk
- Sexually based offences involving a child
- Adverse Security Assessments
- Interpol notices
- PIC 4001 assessments
- PIC 4016 and 4018 and Regulation
When performing a character evaluation, the DHA takes into account the following major factors:
Criminal History
Criminal records come in many forms, and all of these records will be taken into account by Australian immigration when making your student visa decision.
Many things will be considered such as the nature, frequency, and weight of the criminal record.
Not only violations are considered, but good efforts for rehabilitation are also included in the calculation.
Key Points to Consider:
- Crimes against children, drug trafficking and violence are major violations.
- Repeated major violations of the law may indicate a disregard for the law.
- A pattern in your criminal history may raise concerns about your ability to comply with Australian law..
- Show that you are trying to be a better person by participating in positive programs such as community service, counselling, and rehabilitation.
- Behaving well and not committing violations can prove that a one-time crime that occurred in the past will not happen again.
What You Can Do:
Show that the crime is a past crime that will not happen again.
Evidence that you can use is positive activities that, if possible, are directly related to the offence.
For example, if you committed a crime because of a dispute that caused anger, show that you have undergone counselling for anger management.
Reference letters that indicate positive contributions can also be helpful. Ask your mentor, company, or counselling agency to create them and strengthen your claim.
Immigration History
Have you ever breached any condition or received a refusal or cancellation on any visa application worldwide? This calls into question your honesty and commitment to complying with Australian law.
Overstay, working without a valid visa, or providing false information is also a character concern and s57 character requirement for a student visa in Australia may be impacted by any previous visa issues or breaches of immigration law.
Key Points to Consider:
- Overstay, working without a valid visa, or providing false information is also a character concern.
- Good character can be demonstrated by complying with visa conditions.
- Providing false information or bogus documents intentionally or unintentionally is a serious offence.
What You Can Do:
Make sure you have a strong reason and can be proven with documentation why you previously had problems related to your visa history.
It’s mandatory to provide related evidence, one evidence you can show is getting legal advice from a Registered Migration Agent (RMA) Australia.
The Department of Home Affairs itself recommends getting help from a professional for a more informed, easier, and faster visa application.
We have an in-house Registered Migration Agent (RMA) Australia who can help you when needed. First, take a FREE profile assessment with our education consultant.
Financial Capacity
Applicants who can demonstrate their financial independence and stability are preferred to those who may experience financial difficulties.
Key Points to Consider:
- If you have strong financial evidence then you can support yourself to live in Australia hence the possibility of visa condition breach is less likely.
- The Department of Home Affairs (DHA) will assess the authenticity and traceability of your income sources.
- Providing recent tax returns and bank statements can demonstrate your financial stability.
- If you have previously experienced financial difficulties, showing improvement in your financial situation is essential.
What You Can Do:
Attach comprehensive financial records to your application.
Financial stability can be demonstrated through tax returns, income records, bank statements, and other documentation.
Provide written declarations and accompanying evidence to attest to your family members’ ability and willingness to support you financially.
Preparing a Response for S57 Character Requirement for Student Visa Australia
Your ability to successfully address the accusations against your character and avoid having your visa refused or cancelled depends on how well-thought-out and organised your response is, especially when considering the stringent s57 character requirement for student visas in Australia.
It’s crucial that you take advantage of the opportunity to carefully and strategically respond to a natural justice notification under Section 57 of the Migration Act 1958.
- Understand the allegations made against you.
- Providing a truthful and accurate account of any incident or situation in dispute demonstrates your seriousness regarding the accusations.
- A well-organised and rational response is essential. This is a sample format for your letter of response:
- Declare your willingness to fully cooperate in resolving the issue and acknowledge receipt of the natural justice notice.
- Write a summary of the accusations against you, making sure to address every point raised in the natural justice letter.
- Provide a factual justification for each accusation. for past actions and mitigating circumstances (such as the reasons for criminal or visa violations).
- Ensure the evidence directly addresses the Department’s concerns.
- Include character references that highlight your positive qualities and provide specific examples of your good behaviour and recovery.
- Express your hope for a favourable outcome and your willingness to provide any further information required.
- Your written explanation and supporting documentation are equally important. Supporting documentation could include:
- Police records from each country where you have lived for more than 12 months in the last ten years.
- Compliance with visa regulations and conditions.
- Evidence of community engagement.
- A statement acknowledging the mistake and outlining the steps that have been taken to correct the situation.
- You must respond successfully to the natural justice statement that has been given, usually within 28 days. If you do not provide any response, your student visa application will be automatically refused.
Getting Legal Advice
Character flaws can make navigating the Australian immigration system particularly difficult.
Consider partnering with education ONE and our in-house Registered Migration Agent (RMA) to increase your chances of success.
Here are some ways education ONE can help:
- Respond appropriately to any concerns the DHA has about the character requirements in your student visa application.
- Ensure your application submission is in accordance with the timeline and complete documents
- Our Registered Migration Agent will provide the best advice and in accordance with the rules
- Your case will be presented in the best format to increase success
Get a FREE profile assessment from our education consultant before deciding to use education ONE services and take advantage of the insights our team will provide from your discussions.
We will assess the situation, sort out the options for you, and connect you with a Registered Migration Agent in Australia.
