Section 367N — Migration Act 1958: Decision without hearing

(1) The ART must make its decision in the proceeding in relation to an application to be reviewed on the papers: (a) after considering: (i) any submissions, evidence and comments given by the applicant; and (ii) any other documents and things given to the ART in relation to the proceeding; and (b) without holding the hearing of the proceeding. Note 1: Section 106 of the ART Act does not apply in relation to the application (see paragraph 367D(g) of this Act). Note 2: This subsection does not apply if the application has been dismissed, unless the application is reinstated (see sections 367M and 368C). (2) The applicant is not entitled to appear before the ART. (3) The ART must not make the decision before the later of the following: (a) the end of the response period mentioned in paragraph 367H(1)(d) for any invitation given under subsection 367F(1), or any information and invitation given under subsection 367G(1), in relation to the application; (b) the end of any period within which a party to the proceeding must give information or documents under an order made under section 79 of the ART Act in relation to the application.