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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”
You could also call this:

“Deciding appeals about your refugee or protection status”

When you appeal a decision about your refugee or protection status, a special group called the Tribunal will look at your case again. They will decide if you should be recognised as a refugee or protected person.

The Tribunal will look at your case from the beginning. They will check if you should be recognised as a refugee or a protected person. They will also check if there are serious reasons to think you have done very bad things, like crimes against peace or humanity.

If your recognition was cancelled because of fraud or misleading information, the Tribunal will check if this is true. If it is, they will look at your case again from the start. If it’s not true, they will let you keep your status.

The Tribunal can either agree with the original decision or change it. They can’t send your case back to be looked at again by someone else.

If the Tribunal agrees with you, they won’t look at any other appeals you might have made about staying in New Zealand for humanitarian reasons.

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

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Next up: 199: After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts

or “Minister decides status of protected person with potential criminal history after successful appeal”
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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

  1. Where an appeal is brought under section 194(1)(c), (d), or (e), the Tribunal must—

  2. determine the matter de novo; and
    1. determine, in the following order:
      1. whether to recognise the person as a refugee on the ground set out in section 129; and
        1. whether to recognise the person as a protected person on the ground set out in section 130; and
          1. whether to recognise the person as a protected person on the ground set out in section 131; and
          2. in relation to the matters in paragraph (b)(ii) and (iii), determine whether there are serious reasons for considering that the claimant has—
            1. 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
              1. committed a serious non-political crime outside New Zealand before coming to New Zealand; or
                1. been guilty of acts contrary to the purposes and principles of the United Nations.

                2. 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—

                3. determine the matter de novo; and
                  1. determine whether either or both of the following apply:
                    1. 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:
                      1. 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
                      2. 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
                        1. if it does not find that either of the matters described in paragraph (b) applies, allow the appeal.

                          1. The Tribunal may dismiss or allow the appeal, but may not refer the claim back to a refugee and protection officer for reconsideration.

                          2. 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).

                          3. 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).