Section 140 — Immigration Act 2009: Limitation on subsequent claims

140 Limitation on subsequent claims (1) A refugee and protection officer must not consider a subsequent claim for recognition as a refugee unless the officer is satisfied— (a) that there has been a significant change in circumstances material to the claim since the previous claim was determined; and (b) the change in 1 or more of the circumstances was not brought about by the claimant— (i) acting otherwise than in good faith; and (ii) for a purpose of creating grounds for recognition under section 129 . (2) For the purposes of determining the matter in subsection (1), the refugee and protection 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 for recognition as a refugee or a protected person if the officer is satisfied that the claim— (a) is manifestly unfounded or clearly abusive; or (b) repeats a previous claim. Compare: 1987 No 74 s 129J