Immigration Amendment Act 2015

56 Section 198 amended (Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition)

(1)

In section 198(1), replace “section 194(1)(c) or (d)” with “section 194(1)(c), (d), or (e)”.

(2)

Replace section 198(2) with:

(2)

However, if the appeal is brought under section 194(1)(e) and relates to a decision to cancel recognition on the grounds that section 145(b)(i) or (iii) (or both) apply, the Tribunal must—

(a)

determine the matter de novo; and

(b)

determine whether either or both of the following apply:

(i)

recognition of the person as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:

(ii)

the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and

(c)

if it finds that either or both of the matters under paragraph (b) do apply, determine the matters described in subsection (1)(b) and (c); and

(d)

if it does not find that either of the matters described in paragraph (b) applies, allow the appeal.

(3)

In section 198(3), replace “uphold or reverse the decision of the refugee and protection officer” with “dismiss or allow the appeal”.

(4)

In section 198(4), replace “reverses a decision” with “allows an appeal”.

(5)

In section 198, repeal the compare note.