What Has Changed

A recent industry update may make it easier to address certain clear-cut jurisdictional errors in visa decisions, particularly procedural errors involving sections 56 and 57 of the Migration Act 1958.

According to the MIA’s report from the MIA–Department of Home Affairs Quarterly Meeting on 6 August 2026, the Department has streamlined its internal handling of clear-cut jurisdictional errors.

Previously, these matters generally required escalation to the Department’s legal services team before corrective action could be considered. Under the streamlined approach, cases involving an error that is clear on its face may be dealt with without first going through that legal escalation process.

This does not mean every visa refusal can now be easily overturned. However, it highlights an important point for applicants: a refusal decision should be reviewed not only for the reasons given, but also for whether the correct legal process was followed.

What Are Sections 56 and 57

Section 56 allows the Department to seek additional relevant information from a visa applicant. Where relevant information is obtained under this provision, it must be taken into account when the application is decided.

Importantly, s56 does not generally require the Department to request further information before refusing a visa application.

Section 57 deals with certain relevant information that may be used as a reason, or part of a reason, to refuse an application. Where the statutory requirements apply, the Department must generally give the applicant particulars of that information and an opportunity to comment before making the decision.

A failure to comply with a mandatory procedural requirement may, depending on the circumstances and the materiality of the error, amount to a jurisdictional error.

Who Is Affected

This development may be particularly relevant if you have recently received an Australian visa refusal and there are concerns about how the Department handled your application.

For example, it may be worth reviewing whether:

• relevant information was properly considered;
• adverse information was put to you where required;
• you were given the required opportunity to respond; or
• another procedural requirement was not correctly followed.

Not every processing mistake will amount to a jurisdictional error, and the streamlined approach is intended for clear-cut cases. More complex or disputed matters may still require further legal assessment.

Practical Steps After a Visa Refusal

If your visa has been refused, avoid assuming that the only question is whether you can submit a stronger application next time.

The refusal decision and the Department’s handling of the application should be reviewed carefully to determine:

1. Why the application was refused
2. Whether the correct decision-making process was followed
3. Whether there may have been a procedural or jurisdictional error
4. What review, reconsideration or visa options may still be available

Where a clear procedural error is identified, there may now be a more streamlined way for representatives to raise the matter with the Department.

However, the appropriate response will depend on the individual case, including the type of visa, the refusal reasons, your current visa status and any applicable review or appeal deadlines.

Key Takeaways

• The Department has reportedly streamlined its internal handling of certain clear-cut jurisdictional errors, following discussion at the MIA–DoHA Quarterly Meeting on 6 August 2026.
• The update is particularly relevant to procedural issues involving sections 56 and 57 of the Migration Act 1958.
• It does not mean every visa refusal or processing mistake can be automatically corrected.
• A refusal should be reviewed for both the substantive refusal reasons and the decision-making process.
• If you believe your visa application may have been handled incorrectly, getting the decision reviewed early can be important, particularly where strict review deadlines apply.

A visa refusal does not always mean the Department got every part of the decision-making process right.

At Riverwood Migration, our migration lawyers can review your refusal decision, application history and the Department’s handling of your case to identify whether there may be a procedural issue and advise you on the most appropriate next step.

If you have recently received a visa refusal, consider having the decision professionally reviewed before deciding whether to reapply, seek review or take another course of action.

The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.

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