# ART must invite submissions and evidence on certain issues

> act-s367F — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

367F ART must invite submissions and evidence on certain issues
          (1) The ART must, in relation to an application to be reviewed on the
              papers, invite the applicant to give the ART written submissions
              and evidence relating to the following issues (the relevant issues):
                (a) if the application is for review of a decision to refuse to grant
                    a visa:
                      (i) if the refusal was because the applicant did not satisfy a
                          criterion for the visa—whether the applicant satisfies
                          that criterion; and
                     (ii) if the refusal was because a provision of this Act or the
                          regulations prevented the grant of the visa—whether
                          that provision prevents the grant of the visa;
               (b) in any case—any other issue prescribed by the regulations.
          (2) A reference to the issue specified in subparagraph (1)(a)(i) as to
              whether the applicant satisfies a criterion for the visa:









                 (a) is a reference to whether the applicant satisfies the criterion
                     generally, and not only the parts or aspects of the criterion
                     that formed the basis of the refusal; and
                 (b) is not limited to the reasons referred to in the notification of
                     the refusal.
          (3) Subject to section 367G, before making a decision on the
              application, the ART is not required to:
                (a) do anything further to put the applicant on notice of the
                    relevant issues; or
               (b) seek any further submissions, evidence or other information
                    from the applicant in relation to the relevant issues.