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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents