A determination that a proposed legal representative does not have the qualifications, or is otherwise
not suitable to act as a legal representative should be explained to the Applicant and the prospective legal
representative, unless there are compelling reasons not to do so, such as protection or security concerns
for the Applicant or UNHCR staff. The reasons for such a decision should be recorded on the Applicant’s
file. Wherever possible and appropriate, the UNHCR Office must endeavor to refer the Applicant to
alternative providers of legal representation. UNHCR Offices should use discretion in determining
whether it would be appropriate to permit a proposed legal representative, who does not have the
required qualifications or is otherwise not suitable, to observe the RSD Interview under the conditions
set out in § 4.3.4 – Attendance by Third Parties other than a Legal Representative.
UNHCR Offices should maintain, for future reference, a record of all individuals who have been authorized
to act as legal representatives.
To facilitate the process of authorization and appointment of legal representatives, UNHCR Offices may
consider implementing an accreditation system to acknowledge the qualifications of legal representatives
who represent Applicants in UNHCR RSD procedures.
As a general rule, an individual has to be physically present in the host country/country of asylum to be
authorized to act as legal representative in UNHCR RSD procedures. Out-of-country representation may,
however, be appropriate in certain circumstances, including where there are no quality legal aid providers
in the host country/country of asylum, or for compelling protection reasons. Legal representatives not
physically present in the host country/country of asylum should possess the same qualifications and abide
by the same procedural requirements as in-country legal representatives.
(b) Appointment of the Legal Representative
An Applicant may appoint a legal representative at any stage of UNHCR RSD procedures, provided that
the proposed legal representative has the qualifications to perform this role as set out in § 2.7.3(a) –
Qualifications to Act as Legal Representative. Such representation may be full or partial, and may include
inter alia counseling, preparation of written submissions, and Interview preparation and attendance (see
§ 2.7.4(a) – The Role of the Legal Representative).
The Applicant must provide written consent to the participation of the legal representative (Annex 2.7-2
– Authorization to Act as Legal Representative) and has to inform UNHCR whether there are any limitations
on the legal representation. Until such time as the required consent form is received by UNHCR, the
Office will not enter into correspondence with the legal representative, nor allow his or her attendance at
Interviews or other appointments with the Applicant.
Any documentation or related information pertaining to the appointment of the legal representative
should be kept or recorded on the Applicant’s file and, where confirmed, recorded in the registration
database.
(c) Termination of Legal Representation
The Applicant may withdraw from his or her legal representative the authority to act on his or her behalf
at any time and for any reason, and must inform UNHCR in writing to this effect. The termination of legal
representation has to be duly recorded on the Applicant’s file.
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Procedural Standards for RSD under UNHCR’s Mandate
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