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

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.