explained to the Applicant and noted on his/her file. As a general rule, Applicants should be given the option to proceed with the RSD Interview without the support person present or to reschedule the interview in order to allow for the identification and participation of a different support person (for more guidance on the participation of a support person in a RSD Interview, see § 4.3.4 – Attendance by Third Parties other than Legal Representative). Unit 2: General Issues (e) Legal Representation Like all Applicants in UNHCR RSD procedures, individuals with mental health conditions and/or intellectual disabilities have the right to engage the services of qualified legal representatives at their own cost or on a pro bono basis where such services are available. Applicants with mental health conditions and/or intellectual disabilities must be informed of this right as soon as practicable and UNHCR Offices should facilitate such Applicants’ ability to exercise this right, wherever possible, with the assistance and involvement of any other actors supporting them (for further guidance on legal representation see § 2.7 – Legal Representation in UNHCR RSD Procedures). Where individuals with mental health conditions and/or intellectual disabilities are legally represented in RSD procedures, Eligibility Officers must communicate with that person’s legal representative at the earliest opportunity or, at least, at the beginning of the RSD Interview in order to obtain any relevant information regarding the individual’s specific needs, including needs relating to the person’s mental and/ or physical health, interpretation or access to premises, in order to make any necessary accommodations. (f) Assessing Capacity to Meaningfully Participate in the RSD Interview The fact that an individual has a mental health condition or an intellectual disability does not, by itself, indicate that the individual is not capable of understanding and effectively participating in the RSD process. Applicants with identified mental health conditions or intellectual disabilities should be registered for RSD processing in accordance with the guidance set out in § 3 – Reception and Registration for Mandate RSD, subject to any accommodation and support measures necessary. In exceptional cases, where there are serious indications that an Applicant’s mental health condition or intellectual disability would fully prevent his/her meaningful participation in the RSD Interview, either permanently or temporarily, including by removing his/her ability to provide information relevant to the refugee claim, an assessment of whether it is appropriate to conduct the RSD Interview with the particular Applicant should be undertaken. (For more information on protection avenues in such circumstances, see § 2.9.2 (g).) An assessment of the Applicant’s capacity to meaningfully participate in the RSD Interview will generally not be necessary in cases where a decision on the Applicant’s claim may be reached on the basis of reliable information already available, including information provided by the Applicant in the earlier stages of the RSD process. 89

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