Section 426 — Immigration Act 2009: Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration

426 Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration (1) Subsection (2) applies to a subsequent claim (within the meaning of section 129B of the former Act) for recognition as a refugee if— (a) the claim was made before the commencement of section 404 of this Act; but (b) no decision has been made before that commencement as to whether to consider the claim. (2) Despite section 404 of this Act, section 129J of the former Act continues to apply to the subsequent claim but,— (a) references in that section to a refugee status officer must be read as references to a refugee and protection officer; and (b) if the claim is accepted for consideration, it 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; and (c) if the claim is not accepted for consideration, any appeal by the person must be made in accordance with the provisions of the former Act, but the Tribunal must consider the appeal in accordance with section 449(4) of this Act.