Section 106 — Administrative Review Tribunal Act 2024: Circumstances in which Tribunal may reach decision without hearing—review of decisions only

Tribunal may make decision without hearing in certain circumstances (1) The Tribunal may make its decision in the proceeding in relation to the application after considering the documents and things given to the Tribunal and without holding the hearing of the proceeding if any of subsections (2) to (6) applies. Note: The Tribunal must make its decision in relation to an application for review of certain decisions under the Migration Act 1958 without holding the hearing of the proceeding (see section 367N of that Act). This section does not apply in relation to such applications (see paragraph 367D(g) of that Act). Parties consent (2) This subsection applies if: (a) all of the parties to the proceeding consent to the proceeding being determined without the hearing of the proceeding; and (b) it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding. Where only parties are applicant and non-participating party to the proceeding or hearing (3) This subsection applies if: (a) the only parties to the proceeding are the applicant and a non-participating party to the proceeding or the hearing of the proceeding; and (b) either: (i) the decision is wholly in favour of the applicant; or (ii) the applicant requests the Tribunal to make its decision without holding the hearing of the proceeding; and (c) it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding. Party fails to comply (4) This subsection applies if: (a) a party to the proceeding fails to comply with this Act or an order of the Tribunal in relation to the proceeding within a reasonable time; and (b) it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding. Party fails to appear (5) This subsection applies if: (a) a party to the proceeding fails to appear at a Tribunal case event that relates to the proceeding; and (b) the party is not a non-participating party to the proceeding or Tribunal case event; and (c) the Tribunal is satisfied that the party received appropriate notice of the date, time and place of the Tribunal case event; and (d) it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding. Note 1: Tribunal case events include hearings, directions hearings and dispute resolution processes (see the definition of Tribunal case event in section 4). Note 2: For how to appear at a Tribunal case event, see section 73. Otherwise reasonable (6) This subsection applies if it appears to the Tribunal that: (a) the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding; and (b) it is reasonable in the circumstances to make its decision in the proceeding without holding the hearing of the proceeding. (7) However, subsection (6) does not apply unless: (a) the Tribunal has given the parties to the proceeding (other than a non-participating party to the proceeding) a reasonable opportunity to make submissions to the Tribunal in relation to the Tribunal making its decision without holding the hearing of the proceeding; and (b) the Tribunal has taken into account any submissions received.