Section 367N — Decision without hearing
Text of provision
(1) The ART must make its decision in the proceeding in relation to an application to be reviewed on the papers:
(a) after considering:
(i) any submissions, evidence and comments given by the applicant; and
(ii) any other documents and things given to the ART in relation to the proceeding; and
(b) without holding the hearing of the proceeding. Note 1: Section 106 of the ART Act does not apply in relation to the application (see paragraph 367D(g) of this Act). Note 2: This subsection does not apply if the application has been dismissed, unless the application is reinstated (see sections 367M and 368C).
(2) The applicant is not entitled to appear before the ART.
(3) The ART must not make the decision before the later of the following:
(a) the end of the response period mentioned in paragraph 367H(1)(d) for any invitation given under subsection 367F(1), or any information and invitation given under subsection 367G(1), in relation to the application;
(b) the end of any period within which a party to the proceeding must give information or documents under an order made under section 79 of the ART Act in relation to the application. Migration Act 1958 159 Part 5 Reviewable migration decisions and reviewable protection decisions Division 5 ART decisions
Plain English
Section 367N is the defining provision of the paper review process: the ART must decide the application without conducting a hearing. Once the written submissions phase is complete (ss 367F, 367G), the ART reviews the material on the papers and issues its decision.
There is no oral hearing, no cross-examination, and no opportunity to appear before a Member in person.
Practical effect
This is the most significant procedural limitation for applicants. All advocacy must be done in writing. A well-prepared written submission responding to the specific refusal reasons — and addressing any adverse information from s 367G — is the applicant's entire opportunity to persuade the ART.
Judicial review is available if the ART fails to comply with Division 4A (for example, if it fails to give an s 367G notice when adverse information was in its possession). See Migration Act s 474 (privative clause) and s 476 (Federal Circuit Court jurisdiction) for review options.