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  • Alexander Timog

Can New Information Or Evidence Be Presented By The Appellant(s) On Appeal To The IPT?

One of the tricky question that the appellant(s) may encounter in case of appeal before the Immigration Protection Tribunal (IPT), in so far as the presentation or submission of evidence is concern, is that of evidence not presented or submitted before the INZ or the Immigration Officer, but the appellant want it to be presented for the first time on appeal.


The general rule under section 189(1) of the Immigration Act 2009, is that the Tribunal may not consider any information or evidence. Section 189(1) expressly provide:


189 Use of further information in appeals under section 187


(1) In determining an appeal under section 187, the Tribunal may not consider any information or evidence adduced by the appellant that was not provided to the Minister or the immigration officer before the time at which the Minister or the officer made the decision that is the subject of the appeal.”


However, there are certain recognised exception under section 189 (3)(a),(i),(ii) and (iii) of the Immigration Act 2009, :

“…

(3)

The Tribunal may consider information or evidence not provided by the appellant to the Minister or the immigration officer before the time of the relevant decision if—


(a) the Tribunal is satisfied that—


(i) the information or evidence existed at the time the decision to refuse the visa was made, and would have been relevant to the making of that decision; and


(ii) the appellant could not, by the exercise of reasonable diligence, have placed that information or evidence before the Minister or the immigration officer at the time at which the Minister or the officer made the decision on the application; and


(iii) in all the circumstances it is fair to consider the information or evidence; or


(b)the Tribunal considers that it is necessary for it to have the information or evidence for the purpose of considering whether to make a determination under section 188(1) (f).”


Therefore, so long as all the requirements or requisites under section 189(3) (a)(i)(ii) and (iii) are satisfied, the appellant could present new information or evidence before the IPT and in so doing may materially affect the outcome of the appeal.