Section 359A — Migration Act 1958: Information and invitation given by ART

(1) Subject to subsection (2), the ART must: (a) give to the applicant, in the way that the ART considers appropriate in the circumstances, clear particulars of any information that the ART considers would be the reason, or a part of the reason, for affirming the decision that is under review; and (b) ensure, as far as is reasonably practicable, that the applicant understands why it is relevant to the review, and the consequences of it being relied on in affirming the decision that is under review; and (c) invite the applicant to comment on it. (2) If the information or invitation is given to the applicant in writing, the information and invitation must be given: (a) except where paragraph (b) applies—by one of the methods specified in section 379A; or (b) if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person. (4) This section does not apply to information: (a) that is not specifically about the applicant or another person and is just about a class of persons of which the applicant or other person is a member; or (b) that the applicant gave for the purpose of the application for review; or (ba) that the applicant gave during the process that led to the decision that is under review, other than such information that was provided orally by the applicant to the Department; or (c) that is non-disclosable information; or (d) that was included, or referred to, in the written statement of the decision that is under review; or (e) that is prescribed by regulation for the purposes of this paragraph. (4A) The ART is not required to give particulars of information mentioned in subsection (4) to the applicant before making a decision on the application under section 105 of the ART Act or section 349 of this Act. (5) A reference in this section to affirming a decision that is under review does not include a reference to the affirmation of a decision that is taken to be affirmed under subsection 368C(6).