2.7 Legal Representation in UNHCR RSD Procedures 2.7.1 Legal Representation in UNHCR RSD Procedures Legal representation includes legal and procedural advice, assistance with the completion of various forms, including the RSD Application form, preparation of oral and written submissions, collection and submission of supporting evidence, and attendance of Interviews throughout the RSD process, including where applicable at the appeal stage, as well as in re-opening procedures and procedures for cancellation, revocation or cessation of refugee status. In all instances, legal representation must be consistent with the non-adversarial nature of UNHCR RSD procedures. Legal representation is an important factor in establishing fair and transparent mandate UNHCR RSD procedures and strengthening the quality of decision-making. It can assist in the identification of international protection needs of Applicants by helping them put forward all the information relevant to their refugee claims, as well as discouraging the submission of false claims by dispelling misguided or exploitative information, and thus contributes to the efficiency and expediency of the RSD process. UNHCR Offices should encourage the participation of responsible, high quality legal representation in mandate UNHCR procedures. Wherever possible and appropriate, UNHCR Offices should develop partnerships with established legal aid providers that offer responsible, high quality legal representation in mandate RSD procedures, and which have appropriate systems of training and ensuring accountability for their staff. 2.7.2 Right to Legal Representation Applicants 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 should be informed of this right as soon as practicable and UNHCR Offices should generally facilitate the Applicants’ ability to exercise this right, wherever possible. Where Offices have implemented an accreditation system for legal representatives or have developed partnerships with legal aid providers, information on accredited legal representatives or legal aid organizations should also be provided to all Applicants. The absence of legal representation should in no way delay or otherwise adversely impact the determination of the Applicant’s refugee claim. In the case of unaccompanied or separated child Applicants, the legal representative cannot also act as the child’s appointed guardian or designated representative unless there are compelling reasons to exceptionally allow it (see, inter alia, § 3.4.6 – Child Applicants (Under 18)/Unaccompanied or Separated Children and § 4.3.7 – Interviewing Child Applicants). As a general rule, processing timelines and scheduling of Interviews need to provide Applicants with enough time to obtain legal representation. Where there are compelling protection reasons to process the claim on a priority basis or where the claim is manifestly unfounded or clearly abusive, UNHCR Offices may, however, implement shorter timelines in accordance with set accelerated RSD procedures (see § 4.9 – Accelerated RSD Processing). The implementation of accelerated procedures should not preclude the Applicant’s right to legal representation. 64 Procedural Standards for RSD under UNHCR’s Mandate

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