The Applicant’s legal representative may request, in writing and with the Applicant’s consent, a
postponement of the Interview and rescheduling at a later date. The request for a postponement
needs to be made in a timely manner, in accordance with set procedures, and should be granted where
the legal representative presents legitimate reasons (e.g. the need to obtain supporting evidence or
to make written submissions) and where the request does not unduly prejudice the rights or safety of
the Applicant. The legal representative should take all possible steps to avoid delaying an Interview for
personal reasons, including by making alternative arrangements for the Applicant’s legal representation. If
the postponement is granted, the legal representative’s request for postponement should be documented
on the Applicant’s file and the Interview rescheduled according to established scheduling procedures (see
§ 3.5 – Scheduling of RSD Interviews and Appointments).
At the beginning of the Interview the Eligibility Officer has to explain to all present at the Interview the role
and responsibilities of the legal representative. The legal representative should refrain from interrupting
the Eligibility Officer or the Applicant during an Interview, and should limit interventions during the
Interview to those relating to breaches of procedural fairness that could not be adequately addressed
or remedied if they were raised in submissions at the end of the Interview. The legal representative may
not testify on behalf of the Applicant about the facts of a case, nor bring his or her own interpreter to
the Interview without prior approval by UNHCR. The legal representative may take notes during the
Interview, but cannot otherwise record it. The legal representative will be given the opportunity to
make brief oral submissions at the end of the Interview and these submissions should be recorded in the
Interview Transcript and/or audio recording.
The involvement of the legal representative in the Interview should at all times be consistent with the
non-adversarial character of RSD and other procedures conducted by UNHCR, and serve to promote full
and reliable disclosure of the Applicant’s claim. Should the involvement of a legal representative obstruct
these objectives, he or she will be asked to withdraw from the Interview. In any case where an Eligibility
Officer denies or withdraws permission of a legal representative to participate in an Interview (after
consultation with the RSD Supervisor), the reasons for this decision must be explained to the Applicant
and recorded in detail on the Applicant’s file. The Eligibility Officer should use discretion in determining
whether it would be appropriate to continue the Interview in the absence of a legal representative or
whether the Interview should be stopped and rescheduled to allow, inter alia, the Applicant to seek
alternative legal representation.
(b) Communication and Access to Information
Unless otherwise requested by the Applicant in writing, UNHCR Offices must communicate with the
Applicant and/or his/her authorized legal representatives on all matters relevant to the determination,
cancellation, revocation or cessation of the Applicant’s refugee status, including Interview scheduling,
notification of decisions and reasons for negative decisions. In cases where the legal representative is not
physically present in the host country/country of asylum, all communications may be addressed solely
to the Applicant, who can then inform his/her legal representative as appropriate. Legal representatives
should be informed of the applicable form and timeframe for making submissions.
In addition to written submissions, authorized legal representatives may communicate with UNHCR
on behalf of Applicants on all procedural matters, such as scheduling, giving notice of appeals, notifying
UNHCR about interpretation or other special needs, submitting supporting or missing documentation
and other issues relevant to the conduct of the RSD procedures.
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Procedural Standards for RSD under UNHCR’s Mandate
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