Receiving a Natural Justice letter during your citizenship application can be unsettling. These letters indicate that the Department of Home Affairs has discovered information that may adversely affect your application. Knowing how to respond can make a significant difference.
What Triggers a Natural Justice Letter?
The Department issues Natural Justice letters when they identify potentially adverse information. Common triggers include undisclosed criminal convictions from overseas, even if those offences occurred many years ago.
Common Issues
Natural Justice letters often involve multiple concerns:
- The underlying criminal convictions themselves.
- Incorrect or false answers in the citizenship application, especially failing to declare convictions.
- Similar false answers on previous visa applications, such as permanent residency visas.
- Incorrect declarations on incoming passenger cards over the years.
Why Old Convictions Still Matter
Even convictions from the 1980s and 1990s can come back to haunt applicants. Some people are surprised that police clearances were not requested in earlier applications. In some cases, the Department obtains overseas police checks using authorities signed as part of visa applications.
Disclosure and Honesty
The seriousness of the offence matters, particularly if a sentence of 12 months or more was imposed. However, the bigger problem is often non-disclosure. Applicants should be prepared to explain why they failed to declare these matters and to provide documents to correct the record.
Recommended Steps
Our migration experts recommend taking the following steps before responding to a Natural Justice letter:
- Submit Freedom of Information (FOI) requests for copies of all past visa application files and incoming passenger cards.
- Consider withdrawing your citizenship application while you gather this information.
- Avoid overseas travel until the situation is resolved.
- Seek professional advice, as some scenarios carry not only a risk of citizenship refusal but also the possibility of visa cancellation.
Key Messages
- Natural Justice letters are serious and require a considered response.
- Non-disclosure can be more damaging than the offences themselves.
- Obtaining your historical records through FOI requests is essential.
- Professional guidance can help you navigate the risks.
Disclaimer: This article provides general information only. Responding to Natural Justice letters requires tailored advice based on your circumstances.
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Received a Natural Justice notice for your citizenship application? Contact our team immediately for help preparing your response.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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