196Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement

1. Where an appeal is brought under section 194(1)(a), the Tribunal must—

2. determine the matter de novo; and
3. determine whether, in light of any international arrangement or agreement (as defined in section 134(5)) the claimant may have lodged, or had the opportunity to lodge,—
   1. a claim for refugee status in another country:
   2. a claim for protection in another country.

4. The Tribunal may dismiss or allow the appeal.

5. If the Tribunal allows the appeal,—

6. it must refer the claim back to a refugee and protection officer for consideration; and
7. if the appeal relates to a person to whom section 194(5) applies, it must dispense with its consideration of any humanitarian appeal lodged by the person in accordance with section 194(6)(a).

8. To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant.

Notes

• Section 196(2): amended, on 7 May 2015, by section 54(1) of the Immigration Amendment Act 2015 (2015 No 48).
• Section 196(3): amended, on 7 May 2015, by section 54(2) of the Immigration Amendment Act 2015 (2015 No 48).
• Section 196(3)(b): amended, on 7 May 2015, by section 54(3) of the Immigration Amendment Act 2015 (2015 No 48).