(b) Counseling and Information
Unit 2: General Issues
Applicants with mental health conditions or intellectual disabilities must be provided with clear, accessible
and easy to understand information about the RSD process and procedures, and adequate support to
present their refugee status claims (see §1 – Core Standards for Due Process in Mandate RSD).5 Information
about the RSD process and procedures must be provided as early as possible, and throughout the RSD
procedures as necessary (see, for example, § 3.1.3 – Dissemination of Information to Asylum-Seekers, § 3.1.4
– Counselling on UNHCR RSD Procedures, and § 7.1.2 – Informing Rejected Applicants of the Right to Appeal).
Where applicable, information about the availability of legal aid must also be provided as early as possible
in the RSD process.
In order to enhance the ability of Applicants with mental health conditions or intellectual disabilities to
understand the RSD process, the rights and obligations that ensue, and to assist them to present their
claim, such information must be provided in accessible formats and language. It is recommended that
UNHCR Offices develop accessible information, including in easy-to-read formats, as well as effective
methods of dissemination of such information. Such Applicants, their legal representative and support
person should also be provided with an opportunity to ask questions and to receive additional information
and counseling to facilitate their understanding of the requirements of the RSD procedures at any point
during the process.
(c) Attitudes, Behaviors and Skills of RSD Staff
RSD procedures involving Applicants with mental health conditions or intellectual disabilities should be
carried out by trained staff who have the knowledge and, wherever possible, experience in interviewing
and assisting asylum-seekers with such conditions or disabilities. This includes Eligibility Officers,
interpreters, as well as other Protection staff involved in or supporting RSD procedures. Eligibility
Officers must be attentive to the specific needs and vulnerabilities of Applicants and be able to adapt the
manner in which the interview is conducted to the Applicant’s communication needs and preferences and
other relevant personal and contextual circumstances (see also § 2.9.2(g) – RSD Interview and Adjudication
for further guidance on interviewing techniques). Interpreters should also be sensitive to the specific
needs and vulnerabilities of Applicants with mental health conditions or intellectual disabilities and be
provided with training and guidance to carry out their work effectively.
Resources permitting, UNHCR Offices should consider designating a focal point(s) within the RSD team
to provide advice and support to Eligibility Officers when adjudicating claims by Applicants with mental
health conditions or intellectual disabilities (‘Mental Health Focal Point’). The Mental Health Focal Point
may also assume responsibility for ensuring appropriate liaison with other Protection staff within the
UNHCR Office or partner staff to ensure the Applicant’s specific protection needs and vulnerabilities are
appropriately addressed within the context of RSD procedures.
5
It is recommended that information regarding the RSD process and procedures is developed in
consultation with mental health professionals, where possible, and in various forms, such as brochures, guidance
for Protection staff, etc.
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