Section 204 — Immigration Act 2009: Special process where refugee or protection status acquired through fraud, etc

204 Special process where refugee or protection status acquired through fraud, etc (1) Subject to subsections (2) and (3), where a person who is liable for deportation under section 162 appeals against liability for deportation, the Tribunal must, in addition to considering the appeal on the facts (if any) or on humanitarian grounds (if lodged), determine whether the person is currently a refugee or a protected person in terms of sections 129 to 131 . (2) If the Tribunal has allowed an appeal on the facts under section 202(f) , the Tribunal need not consider— (a) whether the person is currently a refugee or a protected person; or (b) any humanitarian appeal brought by the person. (3) If the Tribunal does not allow an appeal on the facts under section 202(f) , the Tribunal must— (a) first determine whether to recognise the person as a refugee or a protected person in terms of sections 129 , 130 , and 131 ; and (b) if it does not recognise the person as a refugee or a protected person, then determine any humanitarian appeal by the person. (4) When determining whether to recognise a person as a refugee or a protected person for the purposes of this section, the Tribunal must determine the matter in accordance with section 198(1) .