Section 197 — Immigration Act 2009: Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee

197 Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee (1) Where an appeal is brought under section 194(1)(b) , the Tribunal must— (a) determine the matter de novo; and (b) determine whether 1 or more of the circumstances relating to the claim were 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 Tribunal must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor. (3) The Tribunal may uphold or reverse the decision of the refugee and protection officer. (4) 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, in accordance with section 194(6)(a) , dispense with its consideration of any humanitarian appeal lodged by the person. (5) To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant.