MIGRATION ACT 1958 - SECT 423A How Tribunal is to deal with new claims or evidence
MIGRATION ACT 1958 - SECT 423A
How Tribunal is to deal with new claims or evidence(1) This section applies if, in relation to an application for review of a Part 7 - reviewable 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 Tribunal is to
draw an inference unfavourable to the credibility of the claim or evidence if
the Tribunal 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.