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New Zealand law explained for everyone

Immigration Act 2009

Refugee and protection status determinations - Claims for recognition as refugee or protected person

140: Limitation on subsequent claims

You could also call this:

“Limits on making new refugee or protected person claims after a previous decision”

If you make a new claim to be recognised as a refugee or protected person after your previous claim was decided, a refugee and protection officer will only look at your new claim if two things are true. First, there must be an important change in your situation since your last claim. Second, you must not have caused this change on purpose or by being dishonest to create reasons for being recognised under sections 129 to 131.

When the officer is deciding about these two things, they can’t consider anything that other people have done related to your claim or to you as a reason to look at your new claim.

The refugee and protection officer can refuse to look at your new claim if they think it’s clearly false or if you’re just trying to misuse the system. They can also refuse if you’re repeating a claim you’ve made before, even if it was a later claim after your first one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440818.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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139: Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts, or

“Minister decides if protected people suspected of serious crimes can stay in NZ”

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141: Procedure on subsequent claims, or

“How subsequent refugee or protection claims are handled”

Part 5 Refugee and protection status determinations
Claims for recognition as refugee or protected person

140Limitation on subsequent claims

  1. A refugee and protection officer must not consider a subsequent claim for recognition as a refugee or a protected person unless the officer is satisfied—

  2. that there has been a significant change in circumstances material to the claim since the previous claim was determined; and
    1. the change in 1 or more of the circumstances was not brought about by the claimant—
      1. acting otherwise than in good faith; and
        1. for a purpose of creating grounds for recognition under any of sections 129 to 131.

        2. For the purposes of determining the matter in subsection (1), the refugee and protection officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor.

        3. A refugee and protection officer may refuse to consider a subsequent claim for recognition as a refugee or a protected person if the officer is satisfied that the claim—

        4. is manifestly unfounded or clearly abusive; or
          1. repeats any claim previously made (including a subsequent claim).

            Compare
            Notes
            • Section 140(1): amended, on , by section 8(1) of the Immigration Amendment Act 2013 (2013 No 39).
            • Section 140(1)(b)(ii): amended, on , by section 8(2) of the Immigration Amendment Act 2013 (2013 No 39).
            • Section 140(3)(b): replaced, on , by section 8(3) of the Immigration Amendment Act 2013 (2013 No 39).