Section 200 — Immigration Act 2009: Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person

200 Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person (1) Where an appeal is brought under section 195(1)(a) , the Tribunal must first consider— (a) whether there has been a significant change in circumstances material to the appellant’s claim since the previous claim was determined; and (b) if so, whether the change in 1 or more of the circumstances was brought about by the appellant— (i) acting otherwise than in good faith; and (ii) for a purpose of creating grounds for recognition under section 129 . (2) The Tribunal must dismiss the appeal if it determines that— (a) there is no significant change in circumstances; or (b) the change in 1 or more of the circumstances was brought about by the appellant— (i) acting otherwise than in good faith; and (ii) for a purpose of creating grounds for recognition under section 129 . (3) The Tribunal must consider the claim for recognition in accordance with section 198(1) if it— (a) determines that there is a significant change in circumstances; and (b) does not determine that the change in 1 or more of the circumstances was brought about by the appellant— (i) acting otherwise than in good faith; and (ii) for a purpose of creating grounds for recognition under section 129 . (4) Where an appeal is brought under section 195(1)(b) , the Tribunal must first consider whether the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim. (5) If the Tribunal determines that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must dismiss the appeal. (6) If the Tribunal does not determine that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must consider the claim for recognition in accordance with section 198(1) . (7) Where an appeal is brought under section 195(2) , the Tribunal must determine the matter in accordance with section 198(1) , as if the appeal were an appeal to which that section applied. (8) If the Tribunal reverses a decision in relation to a person to whom section 195(6) applies, the Tribunal must dispense with its consideration of any humanitarian appeal lodged in accordance with section 195(7)(a) by the person.