C5.1 Decisions on claims (29/11/2010)

See also Immigration Act 2009 ss 138, 386

See also Immigration (Refugee and Protection Status Processing) Regulations 2010 reg 8

1. The decision of a refugee and protection officer on a claim is final, unless the claimant appeals to the Tribunal and the Tribunal allows their appeal.
2. A refugee and protection officer must, if satisfied that the grounds for recognition have been met, recognise a person as a refugee (if section 129 of the Immigration Act 2009 has been met) and as a protected person (if one or more of the grounds under sections 130 and 131 of the Immigration Act 2009 have been met).
3. Despite C5.1(b), a refugee and protection officer may refuse to recognise a person as a refugee or protected person if satisfied the person has the protection of another country or has been recognised as a refugee by another country and can return there without risk of circumstances that would give rise to grounds for recognition as a refugee or protected person.
4. An officer must notify a claimant, in the prescribed manner, of:
   1. the officer's decision on the claim; and
   2. the reasons for that decision; and
   3. the officer’s determination of matters in C4.15(b).
5. Notification must be made in the approved form and served on the claimant, or lawyer or representative , by:
   1. personal service; or
   2. registered post, addressed to the last address supplied by the claimant; or
   3. fax, sent to the last fax number supplied by the claimant.
6. If in a family group more than one person has claimed refugee or protection status, each family member must be notified separately of the decision on their claim and, if their claim is declined, their right of appeal.
7. Once a decision on a claim is made and notified to the claimant, any officer may in their absolute discretion re-open the claim for further consideration as to cessation or cancellation of refugee or protection status.

Effective 29/11/2010