Section 57 - Migration Act 1958 - Certain information must be given to applicant

57Certain information must be given to applicant

Plain English

What this means

This section says that if the Minister has information (that is not "non‑disclosable") which:

the Minister thinks would be a reason, or part of a reason, to refuse a visa;
is specifically about the applicant or a particular other person (not just general information about a whole group); and
was not supplied by the applicant as part of their application;

then the Minister must give the applicant the details of that information. The Minister must do this in a way that fits the situation, make a reasonable effort to ensure the applicant understands why that information matters for the decision, and invite the applicant to comment on it.

"Non‑disclosable" information is excluded from this requirement (the section does not require the Minister to disclose information that is lawfully kept confidential).

Practical implications

If the Department relies on particular facts about you (or a named other person) it must normally tell you what those

57 Certain information must be given to applicant (1) In this section, relevant information means information (other than non‑disclosable information) that the Minister considers: (a) would be the reason, or part of the reason for refusing to grant a visa; and (b) is specifically about the applicant or another person and is not just about a class of persons of which the applicant or other person is a member; and (c) was not given by the applicant for the purpose of the application. (2) The Minister must: (a) give particulars of the relevant information to the applicant in the way that the Minister considers appropriate in the circumstances; and (b) ensure, as far as is reasonably practicable, that the applicant understands why it is relevant to consideration of the application; and (c) invite the applicant to comment on it.