Received a s 56 Request From Home Affairs? What It Means
A letter from the Department of Home Affairs headed "Request for more information", citing section 56 of the Migration Act 1958, means one thing above all: your application is still alive. Nobody has refused you. But don't file the letter away for later. Whatever you send back becomes part of the material your visa is decided on, and the deadline to respond is set by law, not by the case officer's mood. This article explains what s 56 actually says, how long you have, and the mistakes that turn a routine request into a refusal.
What does section 56 actually say?
Section 56 sits in the Migration Act's code of procedure for visa applications (Subdivision AB). Two limbs matter. Under s 56(1), the delegate considering your application may get any information they consider relevant, and if they get it, they must have regard to it when deciding whether to grant or refuse. Under s 56(2), the delegate may invite you, orally or in writing, to give additional information in a specified way.
In practice, the case officer has read your file and wants something more before deciding. A police certificate. Updated employment evidence. A missing form, or an explanation for a discrepancy. There's a related provision worth knowing: s 57 requires the Department to put certain adverse information to you and invite your comment. That's the letter people call a "natural justice letter", and it carries more weight, because the information in it could form part of a reason to refuse. Both kinds of invitation run through the same response machinery in s 58.
How long do you have to respond?
Section 58(2) says the information is to be given within a prescribed period, and regulation 2.15 of the Migration Regulations 1994 does the prescribing:
One nuance for offshore applicants: reg 2.15 prescribes periods mainly for people in Australia. If you applied from outside Australia (other than as a Visitor (Class TV) applicant, who gets 7 days, or 70 if the Minister so decides), the Act simply requires a reasonable period, and the letter will state it. Either way, the period stated in your own letter controls, so work from that date. Section 58(4) allows the period to be extended by a prescribed further period in some circumstances, but no extension is guaranteed. If you genuinely can't meet the deadline, ask early, in writing, and explain why.
What happens if you don't respond?
The Act doesn't leave this open. Under s 62, if you're invited to give information and don't, the Department isn't required to chase you. Under s 63, the delegate can then decide the application on what's already in the file. That's how many avoidable refusals happen: not because the answer was bad, but because it never arrived. And a refusal has consequences of its own, including review deadlines at the Administrative Review Tribunal and, for onshore applicants, the section 48 bar on most new visa applications.
How to respond well
Answer every item in the letter, not just the easy ones, and deal with each requested document by its exact name. If a document doesn't exist or can't be obtained in time, say so, explain why, and show what you did to try to get it. Silence on an item reads as non-response. Keep everything consistent with what's already in your application, because a contradiction between your answers can engage PIC 4020, the integrity criterion covering false or misleading information, and that's a far bigger problem than the original request. Send your response the way the letter specifies, usually through ImmiAccount, and keep proof of the date you sent it.
When to get professional help
Get advice before responding if the letter attaches adverse information (a s 57 natural justice letter), raises PIC 4020, questions the genuineness of your relationship or employment, or asks for a document you can't produce in time. A response to a s 56 or s 57 letter is often your last chance to shape the decision before it's made. In our experience, this is the stage where careful work pays for itself.
FAQ
Is a s 56 request a bad sign?
Not in itself. It means a decision hasn't been made and the case officer wants more material. The risk lies in responding late, incompletely or inconsistently.
How many days do I have to respond to a s 56 request?
For most onshore applicants notified in writing, 28 days under regulation 2.15. Visitor visa applicants and people invited at interview or by phone generally have 7 days. Applicants in detention have 5. Offshore applicants are usually given a reasonable period stated in the letter. Always check your letter.
Can I get an extension of time?
Sometimes. Section 58(4) allows the prescribed period to be extended by a prescribed further period. Ask in writing before the deadline; it isn't automatic.
What if I simply don't reply?
Under ss 62 and 63 of the Act, the Department can decide your application without your response, usually on the material it already holds.
What is the difference between s 56 and s 57?
Section 56 asks you for additional information. Section 57 puts adverse information to you and invites your comment. A s 57 letter signals the information could form part of a reason to refuse.
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