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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Refugee and protection status

426: Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration

You could also call this:

“How we handle your older, undecided second refugee claim”

If you made a second claim to be recognised as a refugee before a certain date, but no one has decided whether to look at your claim yet, here’s what happens:

The old rules still apply to your claim, but with some changes. Instead of a refugee status officer, a refugee and protection officer will look at your claim.

If they decide to consider your claim, they will treat it like a new claim under the current rules. If they decide not to consider your claim, you can appeal using the old rules. However, the Tribunal will look at your appeal using the new rules.

Remember, these rules only apply if you made your second claim before a specific date and no one has decided whether to look at it yet.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441375.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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425: Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration), or

“How existing refugee claims are handled under the new Immigration Act”

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427: Acts or things done by refugee status officer for purposes of claim (including subsequent claim) under former Act not required to be repeated by refugee and protection officer, or

“Refugee and protection officers can use previous work on refugee claims”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Refugee and protection status

426Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration

  1. Subsection (2) applies to a subsequent claim (within the meaning of section 129B of the former Act) for recognition as a refugee if—

  2. the claim was made before the commencement of section 404 of this Act; but
    1. no decision has been made before that commencement as to whether to consider the claim.

      1. Despite section 404 of this Act, section 129J of the former Act continues to apply to the subsequent claim but,—

      2. references in that section to a refugee status officer must be read as references to a refugee and protection officer; and
        1. if the claim is accepted for consideration, it must be determined as if it were a claim accepted for consideration under Part 5 of this Act, and this Act applies accordingly, with any necessary modifications; and
          1. if the claim is not accepted for consideration, any appeal by the person must be made in accordance with the provisions of the former Act, but the Tribunal must consider the appeal in accordance with section 449(4) of this Act.