C3.5 Functions of refugee status officers considering claims

Immigration Act 1987 s 129F

1. If a refugee status officer receives a claim that is not a subsequent claim (see C4.35), it is their function, as appropriate, to determine whether:
   1. the claimant is a refugee within the meaning of the Convention; or
   2. the claimant should be excluded from the protection of the Convention because any of the Articles 1D, 1E or 1F of the Convention apply.
2. If a refugee status officer receives a subsequent claim, it is their function:
   1. to determine whether, since the most recent claim by the claimant, circumstances in the claimant' s home country have changed to such an extent that the subsequent claim is based on significantly different grounds from the previous claim; and
   2. only if the officer is satisfied that circumstances have so changed, to determine any matter specified in C3.5(a).

Effective 01/10/1999