New Zealand Acts

IMMIGRATION ACT 2009 - SECT 200

200 Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person

1 Where an appeal is brought under section 195(1)(a) , the Tribunal must first consider—

a) whether there has been a significant change in circumstances material to the appellant’s claim since the previous claim was determined; and

b) if so, whether the change in 1 or more of the circumstances was brought about by the appellant—

i) acting otherwise than in good faith; and

ii) for a purpose of creating grounds for recognition under any of sections 129 to 131 .

2 The Tribunal must dismiss the appeal if it determines that—

a) there is no significant change in circumstances; or

b) the change in 1 or more of the circumstances was brought about by the appellant—

i) acting otherwise than in good faith; and

ii) for a purpose of creating grounds for recognition under any of sections 129 to 131 .

3 The Tribunal must consider the claim for recognition in accordance with section 198(1) if it—

a) determines that there is a significant change in circumstances; and

b) does not determine that the change in 1 or more of the circumstances was brought about by the appellant—

i) acting otherwise than in good faith; and

ii) for a purpose of creating grounds for recognition under any of sections 129 to 131 .

4 Where an appeal is brought under section 195(1)(b) , the Tribunal must first consider whether the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim.

5 If the Tribunal determines that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must dismiss the appeal.

6 If the Tribunal does not determine that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must consider the claim for recognition in accordance with section 198(1) .

7 Where an appeal is brought under section 195(2) , the Tribunal must determine the matter in accordance with section 198(1) , as if the appeal were an appeal to which that section applied.

8 If the Tribunal reverses a decision in relation to a person to whom section 195(6) applies, the Tribunal must dispense with its consideration of any humanitarian appeal lodged in accordance with section 195(7)(a) by the person.

History: Section 200(1)(b)(ii): amended, on 19 June 2013, by section 17 of the Immigration Amendment Act 2013 (2013 No 39).   Section 200(2)(b)(ii): amended, on 19 June 2013, by section 17 of the Immigration Amendment Act 2013 (2013 No 39).     Section 200(3)(b)(ii): amended, on 19 June 2013, by section 17 of the Immigration Amendment Act 2013 (2013 No 39).