Section 425 — Immigration Act 2009: Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration)

425 Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration) (1) On and from the commencement of section 404 of this Act, a claim by a person for recognition as a refugee that was made but not yet determined before the date of that commencement must be treated as if it had been made under Part 5 of this Act, and this Act applies accordingly, with any necessary modifications. (2) Subsection (3) applies to a subsequent claim (within the meaning of section 129B of the former Act) for recognition as a refugee— (a) made, and accepted for consideration, before the commencement of section 404 of this Act; but (b) not determined before the date of that commencement. (3) The subsequent claim must be determined as if it were a claim accepted for consideration under Part 5 of this Act, and this Act applies accordingly, with any necessary modifications. (4) To avoid doubt, an appeal against a decision to decline recognition as a refugee (or a protected person) by a person to whom this section applies must be made under section 194 of this Act. (5) Nothing in this section applies to a subsequent claim (within the meaning of section 129B of the former Act) by a person for recognition as a refugee that was made before the commencement of section 404 of this Act, if the decision as to whether to consider the claim has not yet been determined.