Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
195: Right of appeal in relation to subsequent claims for refugee or protection status
or “You can appeal decisions about additional refugee or protection claims”
You could also call this:

“Reviewing appeals when claims are rejected due to international agreements”

If you appeal a decision that didn’t accept your claim because of an international arrangement, the Tribunal will look at your case from the start. They will check if you could have asked for refugee status or protection in another country.

The Tribunal can decide to agree with you or not. If they agree with you, they will send your claim back to a refugee and protection officer to look at. If your case is special and related to section 194(5), the Tribunal won’t look at any humanitarian appeal you made.

The Tribunal doesn’t have to ask for more information than what you give them in your appeal.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 197: Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee

or “Appeal process for rejected refugee status claims”
Next

Part 7 Appeals, reviews, and other proceedings
Appeals against decisions relating to refugee or protection status

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
    1. 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:
        1. a claim for protection in another country.

        2. The Tribunal may dismiss or allow the appeal.

        3. If the Tribunal allows the appeal,—

        4. it must refer the claim back to a refugee and protection officer for consideration; and
          1. 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).

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