Criteria for accepting subsequent claims

The criteria for accepting subsequent claims to refugee and protection status are contained in Section 140 of the Immigration Act 2009, which states:

(1) A refugee and protection officer must not consider a subsequent claim for recognition as a refugee or a protected person unless the officer is satisfied - 

(a) that there has been a significant change in circumstances material to the claim since the previous claim was determined; and

(b) the change in 1 or more of the circumstances was not brought about by the claimant –

(i) acting otherwise than in good faith; and

(ii) for the purpose of creating grounds for recognition under any of sections 129 to 131(2)

(2) For the purposes of determining the matter in subsection (1), the refugee and protection officer must not treat the actions of any other person in relation to the claim or claimant as a mitigating factor.

(3) A refugee and protection officer may refuse to consider a subsequent claim for recognition as a refugee or a protected person if the officer is satisfied that the claim –

(a) is manifestly unfounded or clearly abusive; or

(b) repeats any claim previously made (including a subsequent claim).