Information Requests and Natural Justice Letters in 115 Decisions in 2026
Explains when Subclass 115 applicants must get a chance to respond before refusal, and how to answer information requests and natural justice letters.
Does the Department have to give me a chance before refusing my Subclass 115 application?
Yes. Before the Department of Home Affairs refuses a Remaining Relative visa (Subclass 115) application, it is expected to give you an opportunity to deal with the problem. Section 56 of the Migration Act 1958 requires the Department to invite you to provide further information where the material it already holds is not enough to support a grant, or where there is information adverse to you, and the natural justice (procedural fairness) process set out in the Department's Procedures Advice Manual goes a step further: if a case officer is minded to refuse, the officer must issue a natural justice letter describing the specific concerns and allow a reasonable time to respond. The Department's official Remaining Relative visa (Subclass 115) page (as at July 2026) confirms the practical side of this — the Department says it "might also ask you to provide more information", and if you did not include everything when you applied, you should provide it "as soon as you can". What follows is general information only and does not amount to personalised advice on your own case — for your circumstances, rely on the latest official information, and note that immigration assistance can lawfully be given only by a registered migration agent, a legal practitioner or an exempt person.
In practice, a natural justice letter is often the clearest signal that your application is in trouble. It is not a refusal, but it is usually the last point at which you can put material before the decision-maker.
What is the difference between an information request and a natural justice letter?
Both come from the same place — the Department wanting something more from you before it decides — but they are not the same thing, and they carry different weight.
| Information request | Natural justice letter | |
|---|---|---|
| Why you get it | Something is missing, unclear, or needs updating | The officer is considering refusing, and must put the concerns to you |
| What it asks for | Documents or answers — for example identity, health, character, police certificates, or an assurance of support | Your comment and evidence on specific problems that could lead to refusal |
| Timing | Provide what is missing as soon as you can | A response period is set out in the letter; respond within it |
| What it signals | Ordinary casework | Your application is at risk |
The Department's own page does not use the label "natural justice letter" — that term comes from the policy guidance. Do not wait for a document with a particular title; what matters is that the Department has told you what it is worried about and invited a response.
What problems most often trigger a natural justice letter in a 115 case?
The Subclass 115 visa turns on a narrow test — you must be the "remaining relative" of an Australian relative — so most natural justice letters concern that test or the sponsorship standing behind it. Under regulation 1.15 of the Migration Regulations 1994, the test looks at your near relatives, and those of your spouse or de facto partner, wherever in the world they live, and it includes full-blood, half-blood and step relationships. Common triggers include:
- Undisclosed or newly discovered near relatives outside Australia — the most common reason these applications fail.
- Sponsorship problems — the sponsor not meeting the "settled" or "usually resident" requirements, or being caught by the repeat-sponsorship limit in regulation 1.20K.
- Changes in family composition after you applied — marriage, a new de facto relationship, the birth of a child, or a death.
- Doubts about evidence — for example the genuineness of a relationship, or gaps in identity and relationship documents.
- Public interest criteria concerns — health (PIC 4005), character (PIC 4001), or PIC 4020 where information given is suspected of being false or misleading.
- An assurance of support that has not been provided or accepted.
Assume an applicant disclosed only the siblings living in Australia and did not mention a half-brother in a third country. Because regulation 1.15 counts half-blood relationships and looks at where near relatives actually live, that one undisclosed relationship can defeat the test — and a natural justice letter is the point at which the applicant is told about the concern and given the chance to respond.
How long do I get to respond?
The deadline that binds you is the one stated in the letter you receive. For missing documents generally, the Department's official page simply says to provide them as soon as you can. Policy guidance set out in the Procedures Advice Manual indicates that a natural justice response period is commonly in the range of 14 to 28 days; treat that as an indication only, because the letter sets the actual timeframe, and current timeframes should be confirmed against the latest official guidance.
How do I respond, and where does the response go?
Respond in writing and deal with each concern the letter raises, point by point, rather than sending a general letter. Provide documents that actually address the issue, keep a copy of everything you send, and send certified copies rather than original documents.
Where the response goes depends on how your paper application is being managed:
- If you have imported your paper application into ImmiAccount, upload the additional documents there.
- If you cannot use ImmiAccount, or the application was lodged outside Australia before 25 June 2020, attach them to a completed Other Family Visa Processing Centre online form.
- Paper applications lodged outside Australia on or after 25 June 2020 can generally be imported into ImmiAccount using the application ID, date of birth and identity document number.
What if I need to correct a mistake on my application?
Tell the Department as soon as you can. The official page directs applicants to complete Form 1023 Notification of incorrect answers, and to upload it through ImmiAccount where the application has been imported, or otherwise attach it to a completed Other Family Visa Processing Centre online form. Correcting a genuine error early is a different position from waiting for the Department to find a discrepancy itself, because consistency of information is closely tied to PIC 4020.
What if my family situation changes while I'm waiting?
You must tell the Department about changes, including changes to your phone number, email, address or passport, changes to your marital or de facto status, and the birth of a child. Section 104 of the Migration Act 1958 imposes a duty to notify changes of circumstances, and family composition matters particularly here: you must keep satisfying the remaining relative test up to the moment of decision under clause 115.221, so a marriage or a new child can change the outcome.
What happens after I respond?
The officer must genuinely consider what you send. Policy guidance says that if you provide a satisfactory explanation or evidence, the officer should decide in your favour on that point; if the response is not accepted, the decision record must explain why not.
If the application is nevertheless refused, the Department will tell you in writing why it refused and whether you have a right to a review of the decision. There is no refund of the application fee on refusal, and you must be outside Australia when the decision is made — you cannot use a bridging visa to stay in Australia if you entered on another visa that has since ended.
Frequently Asked Questions
Is a natural justice letter the same as a refusal?
No. It means the decision-maker is considering refusal and is giving you a chance to respond first. A refusal comes later, in writing, and must set out the reasons and whether you have a right to review.
What happens if I don't respond to an information request or natural justice letter?
The Department decides on the material it already has, which can lead to refusal. There is a further consequence for identity: the official page states that if you cannot prove your identity, the application will be refused, and the Department might not grant you another visa for 10 years, and might not grant any family members listed on your application a visa for 10 years.
How do I send more documents for a paper Subclass 115 application?
If the application has been imported into ImmiAccount, upload the documents there. If you cannot use ImmiAccount, or the application was lodged outside Australia before 25 June 2020, attach them to a completed Other Family Visa Processing Centre online form, and send certified copies rather than originals.
I made a mistake on my application form — what should I do?
Tell the Department as soon as you can and lodge Form 1023 Notification of incorrect answers. The form can be uploaded through ImmiAccount where the application has been imported, or attached to the Other Family Visa Processing Centre online form where it has not.
Can I fix a sponsorship problem by changing sponsors?
The Regulations allow sponsorship to be changed before the decision, but the substitute sponsor must satisfy the same requirements — aged 18 or over, settled, and usually resident in Australia as an Australian citizen, permanent resident or eligible New Zealand citizen. The repeat-sponsorship limit in regulation 1.20K still applies, and whether a change resolves the concern depends on the facts.
Do I get my application fee back if my Subclass 115 application is refused?
No. The Department's official page states that the application fee is not refunded if the application is refused. You will receive written reasons for the refusal and information about any review rights.