2.7.3 Authorization to Act as Legal Representative (a) Qualifications to Act as Legal Representative Unit 2: General Issues In order to act as a legal representative in mandate RSD procedures, an individual must have the necessary training and/or experience to perform this role. While a formal law degree or current professional legal accreditation is not required, individuals proposed as legal representatives need, as a general rule, to possess the following: i. a working understanding of international refugee law; ii. a working understanding of UNHCR procedures; iii. experience in assisting refugee status claimants; iv. a thorough understanding of the Applicant’s claim; and v. be bound by a code of ethics or professional responsibility, such as the Model Rules of Ethics for Legal Advisors in Refugee Cases (“Nairobi Code”) (see § 2.7.4(c) – Professional Conduct and Adherence to Code of Ethics). An individual who: i. possesses a valid license or professional legal accreditation from a member State of the United Nations as a lawyer, solicitor, attorney, barrister, counselor-at-law or equivalent professional designation; or ii. is a member of an established and reputable organization providing free or low-cost legal representation to asylum-seekers and refugees with which UNHCR has a partnership arrangement; or iii. has already been authorized by UNHCR to act as legal representative in mandate RSD procedures; i s deemed to possess the qualifications set out above unless there are good reasons to believe that they are not qualified. Where an individual is not deemed to possess the required qualifications set out above, UNHCR Offices should make appropriate inquiries to ascertain whether he/she has the necessary training or experience to be authorized to act as legal representative in UNHCR RSD procedures. Such inquiries should be carried out by the RSD Supervisor or another designated staff member in accordance with set procedures and/ or the provisions of partnership arrangements with established and reputable organizations providing free or low-cost legal representation to asylum-seekers and refugees, where such agreements exist. The determination whether a person has the qualifications and/or experience to act as legal representative in UNHCR RSD procedures should be conducted on a case-by-case basis, in a fair and timely manner. In cases where the proposed legal representative possesses the required qualifications, UNHCR may, nevertheless, deny him or her authorization to act as legal representative for reasons related to conflict of interest, past gross misconduct, an exploitative relationship or other serious ethical concerns. This will also be the case, even where an individual has already been authorized by UNHCR to act as legal representative, where the reasons set out above exist. 65

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