C4.5 Limitation on subsequent claims for refugee and protection status (29/11/2010)

See also Immigration Act 2009 ss 140, 141(2)

1. If a refugee and protection officer receives a subsequent claim, it is their function to determine whether:
   1. there has been a significant change in circumstances material to the claim since the previous claim was determined; and
   2. the change in one or more of the circumstances was not brought about by the claimant acting otherwise than in good faith for a purpose of creating grounds for recognition as a refugee; and
   3. the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim.
2. A refugee and protection officer must not consider a subsequent claim for refugee status by a person unless he or she is satisfied that C4.5(a)(i) and (ii) applies. When determining the matter in C4.5(a), the officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor.
3. A refugee and protection officer may refuse to consider a subsequent claim if it falls within the criteria at C4.5(a)(ii).
4. In any such subsequent claim, the officer may rely on any finding of credibility or fact made in relation to a previous claim. The claimant may not challenge any finding of credibility or fact made by a refugee and protection officer (or a refugee status officer under the Immigration Act 1987) or the Tribunal (or the Refugee Status Appeals Authority under the Immigration Act 1987).

Effective 29/11/2010