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Immigration Act 2009

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

200: Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person

You could also call this:

“How the Tribunal decides appeals about refugee or protected person claims”

If you appeal because your claim to be a refugee or protected person was refused, the Tribunal will first check if there has been a big change in your situation since your last claim. They’ll also see if you caused this change by not being honest or trying to create reasons to be recognised as a refugee or protected person.

If there’s no big change, or if you caused the change by being dishonest, the Tribunal will say no to your appeal. But if there is a big change that you didn’t cause by being dishonest, they will look at your claim again.

If you’re appealing because your claim was called ‘manifestly unfounded’ or ‘clearly abusive’, or if it’s the same as a claim you made before, the Tribunal will first check if this is true. If it is, they’ll say no to your appeal. If it’s not, they’ll look at your claim properly.

For some other types of appeals, the Tribunal will look at your claim as if it’s a new one.

If the Tribunal changes a decision about you in a certain situation, they won’t look at any separate appeal you made about staying in New Zealand for humanitarian reasons.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440911.

Topics:
Immigration and citizenship > Visas
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Part 7 Appeals, reviews, and other proceedings
Appeals against decisions relating to refugee or protection status

200Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person

  1. Where an appeal is brought under section 195(1)(a), the Tribunal must first consider—

  2. whether there has been a significant change in circumstances material to the appellant’s claim since the previous claim was determined; and
    1. if so, whether the change in 1 or more of the circumstances was brought about by the appellant—
      1. acting otherwise than in good faith; and
        1. for a purpose of creating grounds for recognition under any of sections 129 to 131.

        2. The Tribunal must dismiss the appeal if it determines that—

        3. there is no significant change in circumstances; or
          1. the change in 1 or more of the circumstances was brought about by the appellant—
            1. acting otherwise than in good faith; and
              1. for a purpose of creating grounds for recognition under any of sections 129 to 131.

              2. The Tribunal must consider the claim for recognition in accordance with section 198(1) if it—

              3. determines that there is a significant change in circumstances; and
                1. does not determine that the change in 1 or more of the circumstances was brought about by the appellant—
                  1. acting otherwise than in good faith; and
                    1. for a purpose of creating grounds for recognition under any of sections 129 to 131.

                    2. Where an appeal is brought under section 195(1)(b), the Tribunal must first consider whether the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim.

                    3. If the Tribunal determines that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must dismiss the appeal.

                    4. If the Tribunal does not determine that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must consider the claim for recognition in accordance with section 198(1).

                    5. Where an appeal is brought under section 195(2), the Tribunal must determine the matter in accordance with section 198(1), as if the appeal were an appeal to which that section applied.

                    6. If the Tribunal reverses a decision in relation to a person to whom section 195(6) applies, the Tribunal must dispense with its consideration of any humanitarian appeal lodged in accordance with section 195(7)(a) by the person.

                    Notes
                    • Section 200(1)(b)(ii): amended, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).
                    • Section 200(2)(b)(ii): amended, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).
                    • Section 200(3)(b)(ii): amended, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).