Document ID: chunk:federal_register_of_legislation:C2015A00035:clause:1_423a
Version: federal_register_of_legislation:C2015A00035
Segment Type: clause
Provision Reference: sch 1 cl 423A
Character Range: 10566–11370

423A  How Tribunal is to deal with new claims or evidence
 (1) This section applies if, in relation to an application for review of an RRT‑reviewable decision (the primary decision) in relation to a protection visa, the applicant:
 (a) raises a claim that was not raised in the application before the primary decision was made; or
 (b) presents evidence in the application that was not presented in the application 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.

Part 3—Application