Section 196 — Immigration Act 2009: Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement

196 Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement (1) Where an appeal is brought under section 194(1)(a) , the Tribunal must— (a) determine the matter de novo; and (b) determine whether, in light of any international arrangement or agreement (as defined in section 134(5) ) the claimant may have lodged, or had the opportunity to lodge,— (i) a claim for refugee status in another country: (ii) a claim for protection in another country. (2) The Tribunal may uphold or reverse the decision of the refugee and protection officer. (3) If the Tribunal reverses the decision,— (a) it must refer the claim back to a refugee and protection officer for consideration; and (b) if the decision relates to a person to whom section 194(5) applies, it must dispense with its consideration of any humanitarian appeal lodged by the person in accordance with section 194(6)(a) . (4) To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant.