# Can the tribunal keep secret reasons for refusing my visa appeal?

- Jurisdiction: Australia
- Practice area: Immigration Law
- Published: 2026-10-30
- Last updated: 2026-10-30
- Canonical: https://lawasked.com/au/immigration/can-tribunal-keep-secret-reasons-refusing-my-visa

## Question

I am currently living in Melbourne, Victoria, and I am in the middle of a very stressful visa review process. My initial application for a permanent resident visa was refused by the Department back in November last year, which was a huge blow to my family. I decided to lodge an appeal with the Administrative Review Tribunal (ART) about three months ago to challenge that decision. I have been waiting for a hearing for several weeks now, but I am feeling quite anxious because I heard from a friend that the tribunal might use new information to uphold the original refusal without telling me first. I want to make sure I have a fair go at explaining my side of the story. If the tribunal finds some new evidence or specific details that make them want to agree with the Department's original decision to reject me, do they have to show me exactly what that information is before they make their final call? I need to know if they are allowed to just surprise me with a decision based on things I haven't had a chance to comment on or argue against yet.

## Summary

Generally, no, the ART cannot keep secret information from you if they intend to use it to uphold the Department's original refusal. If the Tribunal plans to rely on new information to affirm the decision, they must tell you what it is and give you a chance to respond.

## Analysis

In your current situation regarding your permanent resident visa appeal, the Administrative Review Tribunal (ART) is bound by specific rules regarding transparency. If the ART decides to uphold (affirm) the Department's original decision to refuse your visa based on new information, they cannot simply surprise you with the decision.

Under the law, the ART has a duty to ensure you are not left in the dark. Specifically, the ART must "give to the applicant 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" [1]. This means they must provide you with the specific details of the information they are considering. Furthermore, the law requires them to "ensure, as far as is reasonably practicable, that the applicant understands why the information is relevant to the review, and the consequences of the information being relied on" [1]. This is designed to prevent the exact 'surprise' you are worried about.

Once they have provided these details, the ART must also "invite the applicant to comment on the information" [1]. This gives you the 'fair go' you are looking for, allowing you to argue against the new information or provide context to explain your side of the story.

However, there are exceptions where they might not have to show you everything. They do not have to provide particulars for information that is not specifically about you or another person, information you already provided during the original application process (unless it was oral), or certain 'non-disclosable' information [1]. Additionally, if the Minister has certified that certain information is against the public interest (for reasons like national security), there may be restrictions on what is shared [2].

## Statutory citations

- Migration Act 1958, Section 367G - ART must give adverse information to applicant [in force] (https://www.legislation.gov.au/C1958A00062/latest/text)
  > The ART must: (a) give to the applicant 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 the information is relevant to the review, and the consequences of the information being relied on in affirming the decision that is under review; and (c) invite the applicant to comment on the information.
- Migration Act 1958, Section 375 - Restrictions on disclosure of certain information etc. [in force] (https://www.legislation.gov.au/C1958A00062/latest/text)
  > the Secretary shall not give to the ART a document, or information, if the Minister certifies, in writing, that the disclosure of any matter contained in the document, or the disclosure of the information, would be contrary to the public interest

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