Section 198 — Immigration Act 2009: Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition

198 Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition (1) Where an appeal is brought under section 194(1)(c) or (d) , the Tribunal must— (a) determine the matter de novo; and (b) determine, in the following order: (i) whether to recognise the person as a refugee on the ground set out in section 129 ; and (ii) whether to recognise the person as a protected person on the ground set out in section 130 ; and (iii) whether to recognise the person as a protected person on the ground set out in section 131 ; and (c) in relation to the matters in paragraph (b)(ii) and (iii), determine whether there are serious reasons for considering that the claimant has— (i) committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or (ii) committed a serious non-political crime outside New Zealand before coming to New Zealand; or (iii) been guilty of acts contrary to the purposes and principles of the United Nations. (2) Where an appeal is brought under section 194(1)(e) (being an appeal against a decision by a refugee and protection officer to cancel recognition of a New Zealand citizen as a refugee or a protected person on a ground under section 145(b) ), the Tribunal must— (a) determine the matter de novo; and (b) except if the appeal relates to a ground under section 145(b)(ii) , determine whether— (i) recognition of the person as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information: (ii) the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and (c) determine, in relation to the person, the matters referred to in subsection (1)(b) and (c) of this section. (3) The Tribunal may uphold or reverse the decision of the refugee and protection officer, but may not refer the claim back to a refugee and protection officer for reconsideration. (4) If the Tribunal reverses a decision in relation to a person to whom section 194(5) applies, the Tribunal must dispense with its consideration of any humanitarian appeal lodged by the person in accordance with section 194(6)(a) . (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. Compare: 1987 No 74 s 129P(5), (6)