Part 7
Appeals, reviews, and other proceedings
Appeals against decisions relating to refugee or protection status
198Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition
Where an appeal is brought under section 194(1)(c), (d), or (e), the Tribunal must—
- determine the matter de novo; and
- determine, in the following order:
- whether to recognise the person as a refugee on the ground set out in section 129; and
- whether to recognise the person as a protected person on the ground set out in section 130; and
- whether to recognise the person as a protected person on the ground set out in section 131; and
- whether to recognise the person as a refugee on the ground set out in section 129; and
- in relation to the matters in paragraph (b)(ii) and (iii), determine whether there are serious reasons for considering that the claimant has—
- committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or
- committed a serious non-political crime outside New Zealand before coming to New Zealand; or
- been guilty of acts contrary to the purposes and principles of the United Nations.
- committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or
However, if the appeal is brought under section 194(1)(e) and relates to a decision to cancel recognition on the grounds that section 145(b)(i) or (iii) (or both) apply, the Tribunal must—
- determine the matter de novo; and
- determine whether either or both of the following apply:
- recognition of the person as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
- the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and
- recognition of the person as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
- if it finds that either or both of the matters under paragraph (b) do apply, determine the matters described in subsection (1)(b) and (c); and
- if it does not find that either of the matters described in paragraph (b) applies, allow the appeal.
The Tribunal may dismiss or allow the appeal, but may not refer the claim back to a refugee and protection officer for reconsideration.
If the Tribunal allows an appeal in relation to a person to whom section 194(5) applies, the Tribunal must dispense with its consideration of any humanitarian appeal lodged by the person in accordance with section 194(6)(a).
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 198(1): amended, on , by section 56(1) of the Immigration Amendment Act 2015 (2015 No 48).
- Section 198(2): replaced, on , by section 56(2) of the Immigration Amendment Act 2015 (2015 No 48).
- Section 198(3): amended, on , by section 56(3) of the Immigration Amendment Act 2015 (2015 No 48).
- Section 198(4): amended, on , by section 56(4) of the Immigration Amendment Act 2015 (2015 No 48).
- Section 198 compare note: repealed, on , by section 56(5) of the Immigration Amendment Act 2015 (2015 No 48).