STANDARDS & GUIDELINES FACTORS TO BE TAKEN INTO ACCOUNT IN ASSESSING AN APPLICANT’S CAPACITY TO MEANINGFULLY PARTICIPATE IN THE RSD INTERVIEW INCLUDE: „ Ability to understand a question and provide an answer that is coherent/can be understood; „ Whether lack of understanding can be overcome, for instance through re-formulation, further Unit 2: General Issues clarification or tailored counselling; „ Ability to communicate orally, in writing, through drawings, etc.; „ Demonstrated understanding of the rights and obligations associated with the RSD process and procedures, including by providing relevant information regarding his/her claim and the outcome of the process; „ Degree of engagement with the RSD process. The assessment should be carried out by the Eligibility Officer to whom the case has been assigned in consultation with the Mental Health Focal Point, where available, the RSD Supervisor and other relevant Protection staff. The assessment must be recorded on the Applicant’s file. In addition to forming the basis of a decision regarding the appropriateness of conducting a RSD Interview with the Applicant, the assessment should inform what accommodation and support measures can and should be taken to facilitate his/her effective participation in the RSD Interview. These may include adapting the interviewing techniques or questions, additional counselling, adjusting the time and length of the interview, facilitating the identification of a support person and his/her attendance at the interview (for more guidance on accommodation and support measures, please see § 2.9.2(c)-(i) below). If the conclusion of the assessment is that the Applicant fully lacks the capacity to meaningfully participate in the RSD process (and thus is not able to provide any reliable information relevant to the claim), the assessment should be endorsed in writing by the RSD Supervisor. Participation in the RSD process, in particular the RSD Interview, must always be encouraged; therefore it should only be in the clearest of cases that an individual is found to fully lack capacity to participate. Thus, all efforts should be made to enable the Applicant to participate to the extent that he/she is able to do so without experiencing undue stress or other harm. Where a lack of capacity to meaningfully participate in the RSD process may be the result of a temporary condition, all efforts should be made to provide the Applicant with the necessary assistance and support, including referral to specialized medical/mental health and psychosocial services services, to enable his/her future participation. The information provided by the Applicant should be given appropriate weight in light of the conclusions of the assessment conducted, with any limitations on the Applicant’s ability or willingness to provide reliable information taken into account in the credibility determination (see also § 2.9.2(g) – RSD Interview and Adjudication). (g) RSD Interview and Adjudication Applicants with mental health conditions or intellectual disabilities may be unable or unwilling to provide the information that is necessary to determine their claim. This may be due to a variety of reasons, including but not limited to a lack of understanding of the RSD process and ensuing obligations, fear or distrust of authorities, impaired memory, the traumatic nature of the events underlying his/her claim, reduced attention and concentration, mood disturbances, diminished cognitive functions, etc. 91