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01 June 2021

Residence Appeal - Introducing New Information under s189

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We recently acted for a client with respect to a residence appeal before the Immigration and Protection Tribunal.  The Immigration Tribunal appeal related to (among other things), INZ’s assessment of our client’s position as a retail manager (ANZSCO 142111).  However, it was the Tribunal’s observation with respect to the introduction of new information to help support the appeal which was interesting.

Under section 189(3) and/or (6) of the Act, new information or fact(s) may be considered by the Immigration Tribunal if it existed on or before the time that the decision was made by INZ.  The information or fact(s) must be relevant to the decision and could not with “reasonable diligence” have been put to INZ before the decision was made.

In this instance, relevant information and or fact(s) were available at the time prior to INZ’s decision; however, it was not forwarded to INZ for consideration.  Our client alleged procedural errors had occurred which prejudiced the application.

The Immigration Tribunal determined that the information or fact(s) were relevant to an assessment as to the correctness of INZ’s decision.  It also determined that our client could not with reasonable diligence have provided the information to INZ because INZ failed to clearly articulate its concerns to our client prior to making the decision.

The Immigration Tribunal’s decision provides helpful guidance for all persons considering whether to introduce new information or fact(s) with a residence appeal.  The Tribunal has signalled that it is prepared to look beyond the persons inability to provide the information (for whatever reasons) and is now willing to look at any procedural irregularities by INZ which has contributed to the situation. 

If your residence application has been declined, we strongly encourage you to contact one of our immigration lawyers for advice on your appeal options. 


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