What is new information?
New information is information that was not before the departmental decision maker. It could be:
- information about your circumstances, your experience or what you fear,
- documents or evidence to support your case, or
- media articles or other country information reports.
Can I provide new information to the IAA?
Yes. You can give us new information of your own initiative, for example if you obtain new evidence relevant to your case, or in response to an invitation from us to provide information. The IAA Practice Direction contains requirements you must follow when submitting new information. For more information see How do I provide new information to the IAA?
There are also requirements set by the Migration Act that must be met before the IAA can consider any new information. The IAA can only consider new information in its decision in limited circumstances. For more information see When can the IAA consider new information?
How do I provide new information to the IAA?
You can send us new information by email or post. The IAA Practice Direction contains the following requirements for submitting new information:
- you must clearly identify that it is new information
- you must provide an explanation in writing as to why:
- the information could not have been given to the Department before the Decision was made, or
- the information is credible personal information which was not previously known and may have affected consideration of your claims, had it been known, and
- the information is relevant to your case.
If you believe there are exceptional circumstances to justify us considering your new information, it is helpful if you also explain those to us.
This is called a ‘new information explanation’ and helps us decide whether we can take your new information into consideration.
When can the IAA consider new information?
The IAA can only consider new information if certain requirements are met.
In all cases where new information is provided or obtained, the IAA must be satisfied that there are exceptional circumstances to justify considering the new information.
In addition, if the new information is provided by an applicant, the applicant must satisfy the IAA that either
- the information was not and could not have been provided to the departmental decision maker before the Department’s decision was made or
- the information is credible personal information which was not previously known and, had it been known, may have affected consideration of the applicant’s claims.
What is a ‘new information explanation’?
A new information explanation is your opportunity to explain to the IAA why we should consider any new information you are providing.
This explanation should identify the new information you wish the IAA to consider, and explain
- why the information could not have been given to the Department before the Department’s decision was made, or
- why the information is credible personal information which was not previously known and may have affected consideration of your claims, had it been known, and
- why the information is relevant to the review.
You can also put forward any exceptional circumstances you believe exist to justify us considering the new information.
What if I don’t provide a ‘new information explanation’?
We need to carefully identify any information you provide to us that is new. Your explanation helps us to identify that information and understand why it is relevant to your case and why you think we should consider it.
How long can a new information explanation be?
New information explanations must be no longer than 5 A4 pages. We may not accept new information explanations that are longer than 5 pages.
Is there a limit on the amount of new information I can provide?
There is no limit on the amount of new information you can provide . The requirement in the IAA Practice Direction that submissions and new information explanations be no more than 5 pages does not apply to the new information itself.
My documents are not in English, do I need to provide a translation?
Yes.
All documents that are not in English should be translated into English. The translation must be done by a translator with a ‘Translator’ level accreditation from the National Accreditation Authority for Translators and Interpreters (NAATI).
You should provide both the documents and the translations.
What if I don’t provide a translation?
Without a translation we may not be able to understand the evidence you provide. For this reason, documents in a language other than English which are not accompanied by a translation may not be accepted.
How do I provide new information like country information reports or media articles to the IAA?
If you provide or refer to new information such as country information reports, media articles, or other material from the internet, you must:
- attach a copy of the document and identify which parts you rely on, and
- identify the source and date of the document.
Hyperlinks or lists of documents are not accepted.
Why can’t I provide hyperlinks to country information or other material?
Hyperlinked material can change or become inaccessible over time if the website or URL is updated. This means that we may be unable to access the material you intended to provide to us. The link you provided may no longer contain the information you wanted to give to us or may contain different information. To ensure that we have the correct information you intend to provide, we require you to attach a copy of any country information, report, media article or other internet document you wish to provide. You must also identify which parts you rely on and identify the source and date of the document.
Is there a timeframe for providing new information?
Yes. New information must be given within 21 days of the date on which your case was referred to us by the Department of Home Affairs.
You can find the date of referral on the ‘Acknowledgment of Referral’ letter we send to you when we receive your case from the Department.
Why do I need to provide new information within 21 days?
The 21 day time period provides you with an opportunity to provide relevant new information, while balancing the requirement for the IAA to conduct a quick and efficient review.
What if I can’t provide my new information within 21 days?
You can contact the IAA to request additional time to provide new information. Requests to extend the time should be made in writing. It is important that you:
- explain why you are unable to provide the new information within 21 days
- tell us when you expect to provide the new information
- include any supporting evidence about why you require the extension
- explain what the information you intend to provide is and why it is important or relevant to your case.
These details help us to decide whether or not to allow an extension of time in your case.
What if my new information is late?
We may not accept new information, which is received after 21 days or, if we have agreed to an extension, after that time.
I made a combined visa application with other members of my family. Do we have to submit a new information explanation for each family member?
No. Depending on the nature of the new information and whether it relates to all or only some family members, you can provide a combined new information explanation. However, if you wish, you can provide separate new information explanations for each applicant. Your new information explanation should tell us which family members or claims it relates to.
I made a combined visa application but I have new information that I do not want to share with my family. Can the IAA keep my new information confidential?
You should tell us if you want us to keep any new information confidential from other family members. You should do this at the same time you give us the information.