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

> act-s367A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.