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Immigration Act 2009

Appeals, reviews, and other proceedings - Procedure for appeals and matters

231: Findings of credibility and fact

You could also call this:

“Previous decisions about you can be used in new cases”

When you have an appeal or matter with the Tribunal, they can use findings about your credibility or facts from previous cases. This means the Tribunal can rely on what they or other appeal bodies have decided about you before. These findings could be from any earlier appeal or matter that involved you.

You can’t argue against these previous findings if the Tribunal decides to use them. This rule helps the Tribunal make decisions based on information they already know about you.

The Tribunal can also use findings from a special kind of case. This is when a refugee status officer made an application under section 129L(1)(f) of an older law. Even though it’s from an old law, the Tribunal can still use information from these cases when making decisions about you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440951.

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Part 7 Appeals, reviews, and other proceedings
Procedure for appeals and matters

231Findings of credibility and fact

  1. On any appeal or matter, the Tribunal may rely on any finding of credibility or fact—

  2. by the Tribunal in any previous appeal or matter determined by the Tribunal that involved the appellant or affected person; or
    1. by any appeals body in any previous appeal or matter determined by the appeals body that involved the appellant or affected person.

      1. A person may not challenge any finding of credibility or fact that may be relied on by the Tribunal under subsection (1).

      2. For the purposes of subsection (1)(b), matter includes an application by a refugee status officer under section 129L(1)(f) of the former Act.

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