C4.1 Whether to accept a claim for consideration

See also Immigration Act 2009 s 134

1. If a refugee and protection officer receives a claim that is not a subsequent claim (see C3.10), it is their function, as appropriate, to determine whether to accept a claim for consideration. The officer may take into account whether:
   1. in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for refugee status or protection in another country;
   2. one or more of the circumstances relating to a refugee claim were brought about by the claimant acting otherwise than in good faith for a purpose of creating grounds for recognition as a refugee.
2. A refugee and protection officer may decline to accept a claim if it falls within the criteria at C4.1(a)(i).
3. A refugee and protection officer must decline to accept a claim for refugee status where he or she is satisfied that C4.1(a)(ii) applies. When determining the matter in C4.1(a)(ii), the officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor.

Effective 29/11/2010