Summary
Amends the Migration Act 1958 to: clarify the responsibilities of asylum seekers to provide and substantiate claims in relation to protection visas; enable the Refugee Review Tribunal to draw an unfavourable inference about the credibility of claims or evidence raised by a protection visa applicant for the first time at the review stage; create grounds to refuse a protection visa application when an applicant refuses or fails to establish their identity, nationality or citizenship; provide that a protection visa will not be granted to a family applicant unless the visa was applied for before the family visa holder was granted their visa; define the risk threshold for assessing Australia’s non-refoulement obligations under certain treaties; amend the framework in relation to unauthorised maritime arrivals and transitory persons who can make a valid application for a visa; provide for changes to the processes and administration of the Migration Review Tribunal and the Refugee Review Tribunal; and clarify when a review of a decision in relation to an application is ‘finally determined’.