My case has been remitted by the court to the IAA for reconsideration. What happens next?
If your case is remitted to us by the court, we will send you a letter acknowledging the remittal and giving you a new reference number. The IAA will then reconsider your case and make a new decision.
We will have the information sent to us by the Department of Home Affairs, including any documents you provided to the Department in connection with your protection visa application.
You do not need to provide any further copies of any documents or information you have previously given to the IAA.
If you intend to provide new information or a submission, you should do so as quickly, as a decision may be made at any time.
My case has been remitted by the court to the IAA for reconsideration. Do I need to do anything?
Following remittal by the court, you should
- use your new reference number (contained in our Acknowledgment of Remittal letter) whenever you contact us;
- advise us in writing if you wish to appoint a person to receive correspondence on your behalf or act as your representative. Any person you have previously appointed as authorised recipient in your IAA review will continue to receive correspondence on your behalf unless you tell us otherwise;
- tell us immediately if you or your authorised recipient change contact details such as your email address, residential address, mailing address or telephone number; and
- act quickly in your dealings with us, as a decision may be made at any time.
My case has been remitted to the IAA by the court. Can I provide another submission to the IAA before it reconsiders my case?
The Practice Direction allows applicants to make a 5 page submission about why you disagree with the Department’s decision and/or any claim or matter that you presented to the Department that was overlooked. The Practice Direction requires any submission to be made within 21 days from the date of referral. This is the date on which your case was first referred to the IAA.
We will have any submissions you have previously made to the IAA.
If we are reconsidering your case following remittal by a court, we will have regard to any compliant submissions already provided. If you make a further submission, it should not exceed 5 pages when considered in conjunction with any previous submission. You can withdraw or amend the submissions already provided in order to ensure any new submissions comply with the Practice Direction.
If you intend to provide a submission, you should do so as soon as possible, as a decision may be made at any time following a court remittal.
Why does the Practice Direction not allow time to make a submission after a court remittal?
The submission is an opportunity for you to explain why you disagree with the Department’s decision or highlight any matters that were overlooked by the Department. The Department’s decision is not affected by the Court process.
Can I provide new information to the IAA before it reconsiders my case?
If you have new information you think is relevant to your case that you would like us to consider, such as information about a change in your circumstances or the situation in your country since the delegate’s decision, you can give it to us in writing, along with a new information explanation. For more information about new information explanations, see What is a new information explanation?
However, the IAA can only consider new information in limited circumstances and there are specific requirements in the Practice Direction which should be complied with when providing new information. We may not accept new information that does not comply. For more detail about the requirements for providing new information, see How do I provide new information to the IAA?
You should submit any new information as soon as possible, as a decision may be made at any time.