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196: Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement
or “Reviewing appeals when claims are rejected due to international agreements”
You could also call this:

“Appeal process for rejected refugee status claims”

When you appeal a decision that refused to consider your claim for refugee status, the Immigration and Protection Tribunal will look at your case from the beginning. They will check if you did anything on purpose to try to create reasons for being recognised as a refugee. The Tribunal won’t consider what other people did as a reason to be more lenient with you.

The Tribunal can either agree with your appeal or say no to it. If they agree with you, they will send your claim back to a refugee and protection officer to look at. If your case is special and relates to section 194(5), the Tribunal won’t look at any separate humanitarian appeal you made.

The Tribunal doesn’t have to ask for more information or evidence than what you give them in your appeal. They will make their decision based on what you provide.

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Next up: 198: Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition

or “Deciding appeals about your refugee or protection status”
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Part 7 Appeals, reviews, and other proceedings
Appeals against decisions relating to refugee or protection status

197Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee

  1. Where an appeal is brought under section 194(1)(b), the Tribunal must—

  2. determine the matter de novo; and
    1. determine whether 1 or more of the circumstances relating to the claim were brought about by the claimant—
      1. acting otherwise than in good faith; and
        1. for a purpose of creating grounds for recognition under section 129.

        2. For the purposes of determining the matter in subsection (1), the Tribunal must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor.

        3. The Tribunal may dismiss or allow the appeal.

        4. If the Tribunal allows the appeal,—

        5. it must refer the claim back to a refugee and protection officer for consideration; and
          1. if the appeal relates to a person to whom section 194(5) applies, it must, in accordance with section 194(6)(a), dispense with its consideration of any humanitarian appeal lodged by the person.

            1. 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 197(3): amended, on , by section 55(1) of the Immigration Amendment Act 2015 (2015 No 48).
            • Section 197(4): amended, on , by section 55(2) of the Immigration Amendment Act 2015 (2015 No 48).
            • Section 197(4)(b): amended, on , by section 55(3) of the Immigration Amendment Act 2015 (2015 No 48).