Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 2   Home Affairs

Part 1   Main amendments

Migration Act 1958

170   At the end of Division 5 of Part 5

Add:

367A How ART is to deal with new claims or evidence in review of reviewable protection decisions

(1) This section applies if, in relation to an application for review of a reviewable protection decision (the primary decision ), the applicant:

(a) raises a claim that was not raised before the primary decision was made; or

(b) presents evidence in the application that was not presented before the primary decision was made.

(2) In making a decision on the application, the ART is to draw an inference unfavourable to the credibility of the claim or evidence if the ART is satisfied that the applicant does not have a reasonable explanation why the claim was not raised, or the evidence was not presented, before the primary decision was made.

367B Certain ART proceedings must be in private

The hearing of a proceeding (within the meaning of the ART Act) for the review of a reviewable protection decision must be in private.

Note: Section 69 of the ART Act, which generally requires hearings to be in public, applies to hearings of proceedings for the review of reviewable migration decisions.