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Refugee Review Tribunal: adverse credibility inference for unexplained new claims or evidence

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateApril 18, 2015
CategoryAsylum or protection
Policy toolEligibility
Affected groupApplicants seeking rrt review of protection-visa decisions on protection-visa applications made on or after april14,2015

Policy effect

From April 18, 2015, new section 423A directed the Refugee Review Tribunal to draw an inference unfavourable to the credibility of a new claim or new evidence when, in reviewing an RRT-reviewable protection-visa decision, it was satisfied that the applicant lacked a reasonable explanation for not raising the claim or presenting the evidence before the primary decision. The trigger was a claim or evidence newly introduced in the review application, rather than merely an unsuccessful original claim. The application provision limited this new rule to protection-visa applications made on or after April 14, 2015, even though section 423A commenced on April 18. The section prescribed a credibility inference, not automatic refusal of every application containing new material; the reasonable-explanation condition remained material.

Conditions and exceptions

Validated condition or limit: From April 18, 2015, new section 423A directed the Refugee Review Tribunal to draw an inference unfavourable to the credibility of a new claim or new evidence when, in reviewing an RRT-reviewable protection-visa decision, it was satisfied that the applicant lacked a reasonable explanation for not raising the claim or presenting the evidence before the primary decision.; The application provision limited this new rule to protection-visa applications made on or after April 14, 2015, even though section 423A commenced on April 18.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/) ComLaw Authoritative Act C2015A00035 Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedule(s) ........................................................................................ 3 Schedule 1—Protection visas 4 Part 1—Amendments commencing on day after Royal Assent 4 Migration Act 1958 4 Part 2—Amendments commencing on Proclamation 5 Migration Act 1958 5 Part 3—Application 9 Schedule 3—Unauthorised maritime arrivals and transitory persons 10 Part 1—Amendments 10 Migration Act 1958 10 Part 2—Application and transitional 13 Schedule 4—Migration Review Tribunal and Refugee Review Tribunal 15 Part 1—Amendments 15 Migration Act 1958 15 Part 2—Application 32 Schedule 5—Technical corrections 33 Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 33 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 33 No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 i ComLaw Authoritative Act C2015A00035 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes [Assented to 13 April 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Protection and Other Measures) Act 2015. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 1 ComLaw Authoritative Act C2015A00035 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day this Act receives the Royal Assent. 13 April 2015 and anything in this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 1 Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 18 April 2015 Part 2 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 3 Assent. 9. Schedule 3 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 4 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 11. Schedule 5 The day after this Act receives the Royal 14 April 2015 Assent. 2 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 3 ComLaw Authoritative Act C2015A00035 Schedule 1 Protection visas Part 1 Amendments commencing on day after Royal Assent Schedule 1—Protection visas Part 1—Amendments commencing on day after Royal Assent Migration Act 1958 1 After section 5 Insert: 5AAA Non-citizen’s responsibility in relation to protection claims (1) This section applies in relation to a non-citizen who claims to be a person in respect of whom Australia has protection obligations (however arising). (2) For the purposes of this Act, it is the responsibility of the non-citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim. (3) The purposes of this Act include: (a) the purposes of a regulation or other instrument under this Act; and (b) the purposes of any administrative process that occurs in relation to: (i) this Act; or (ii) a regulation or instrument under this Act. (4) To remove doubt, the Minister does not have any responsibility or obligation to: (a) specify, or assist in specifying, any particulars of the non-citizen’s claim; or (b) establish, or assist in establishing, the claim. 4 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Protection visas Schedule 1 Amendments commencing on Proclamation Part 2 Part 2—Amendments commencing on Proclamation Migration Act 1958 2 Subsection 5(1) Insert: bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that: (a) purports to have been, but was not, issued in respect of the person; or (b) is counterfeit or has been altered by a person who does not have authority to do so; or (c) was obtained because of a false or misleading statement, whether or not made knowingly. 3 Subparagraph 65(1)(a)(iii) After “section 40 (circumstances when granted),”, insert “91W ( …
Australian Federal Register of LegislationMigration Amendment (Protection and Other Measures) Act2015, Schedule1Part2item14; Schedule1Part3item15(4); Commencement Proclamation2015 F2015L00541Open official source
Retrieved from https://www.legislation.gov.au/C2015A00035/asmade/2015-04-13/text/original/pdf

Review method

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Other Australia changes operative in 2015