Plain language law

New Zealand law explained for everyone

Immigration Act 2009

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

141: Procedure on subsequent claims

You could also call this:

“How subsequent refugee or protection claims are handled”

If you make another claim to be recognised as a refugee or protected person after your first claim, the same steps from sections 135 to 139 will be used to look at your new claim. However, if you want to appeal the decision, you must do it under section 195.

When you make a new claim, you can’t argue against any decisions about whether you were telling the truth or about facts that were made by a refugee and protection officer or the Tribunal when they looked at your earlier claim. The officer looking at your new claim can use those earlier decisions when they’re making their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440819.

Topics:
Immigration and citizenship > Visas
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140: Limitation on subsequent claims, or

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

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

141Procedure on subsequent claims

  1. The procedures specified in sections 135 to 139 apply to any subsequent claim accepted for consideration, except that any appeal to the Tribunal must be made under section 195.

  2. In a subsequent claim, a claimant may not challenge any finding of credibility or fact made by a refugee and protection officer (or by a refugee status officer under the former Act) or the Tribunal (or by the Refugee Status Appeals Authority under the former Act) in relation to a previous claim by the claimant, and the refugee and protection officer determining the subsequent claim may rely on those findings.