The legal representative may withdraw from representation in accordance with their professional
code of ethics and/or the Nairobi Code, and should inform UNHCR in writing to this effect. The legal
representative must also inform the Applicant and, wherever possible, refer the Applicant to alternative
providers of legal representation.
Unit 2: General Issues
UNHCR Offices may, at any time, reconsider the authorization of the legal representative to participate in
UNHCR RSD procedures, where there are good reasons to believe that the legal representative no longer
possesses the required qualifications set out in § 2.7.3(a) – Qualifications to Act as Legal Representative,
or where legal representation may be affected by a conflict of interest, gross misconduct, a exploitative
relationship or other serious ethical concerns.
UNHCR Offices may, at their discretion and at any time, make inquiries with the Applicant and/or legal
representative to ascertain whether a withdrawal of authorization to act as a legal representative in
UNHCR procedures is appropriate in a particular case for the abovementioned reasons. As a general rule,
a decision to withdraw authorization to act as legal representative has to be made by the RSD Supervisor
or another designated protection staff member in accordance with set procedures and/or the provisions
of partnership agreements with established and reputable organizations providing free or low-cost legal
representation to asylum-seekers and refugees, where such agreements exist. UNHCR must notify the
legal representative, the organization with which the legal representative is affiliated, and the Applicant
of the withdrawal of authorization in writing and the reasons for such decision should be recorded in the
Applicant’s file. Wherever possible and appropriate, UNHCR should endeavor to refer the Applicant to
alternative providers of free or low cost legal representation.
2.7.4 Role and Responsibilities of the Legal Representative
(a) The Role of the Legal Representative
The role of the legal representative is to provide an Applicant sound, confidential legal and procedural
advice, to ensure that the Applicant’s refugee claim is fully and accurately presented, and that the
Applicant’s rights are protected and respected throughout the UNHCR RSD procedure.
A legal representative may assist in the preparation of oral and/or written submissions, the collection
and submission of supporting evidence, including country of origin information, and may submit legal
arguments in support of the Applicant’s claim.
UNHCR offices must accept and consider all material submitted by a legal representative on behalf of the
Applicant in a timely manner, in accordance with specified timeframes, and prior to a decision being taken
in the Applicant’s case. UNHCR Offices shall develop fair and transparent rules governing the form and
timeframe for making written submissions.
Applicants may be accompanied by their legal representative during any RSD or Appeal Interview, as
well as any Interview in which UNHCR gathers information that is relevant to the determination of the
Applicant’s refugee status, or to the cancellation, revocation or cessation of his/her refugee status.
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