C5.35 Interviews (01/10/1999)

Immigration (Refugee Processing) Regulations 1999 regs 19, 20

1. If a claimant or a person whose refugee status is in question is to be interviewed by a refugee status officer, they must be notified in advance of the date, time and place of the interview.
2. The notice must advise the claimant or person of:
   1. (if the first language of the claimant or person is not English) the fact that an independent interpreter will be present at the interview unless:
      • the claimant or person requests otherwise; and
      • this request is acceptable to the officer; and
   2. their right to have a representative, including legal counsel, at the interview.
3. The notice must advise the claimant or person that if they do not attend the interview, the officer may still determine the relevant matter.

C5.35.1 Procedure for interviews

1. In conducting an interview a refugee status officer is not bound by any rules of evidence but may make any inquiries they see fit.
2. If the claimant has a representative at the interview, the representative must be given the opportunity to make any comments or submissions on the case to the officer. Subject to the discretion of the officer, such comments and submissions will normally be made at the start or finish of the interview.
3. A record of the interview must be made either in writing or by tape recording.
4. If possible, potentially prejudicial information should be put to the claimant at the interview.

C5.35.5 Where interview report not usually sent

A refugee status officer will prepare, but not usually forward to the claimant, a report of an interview if the officer:

1. tape-records the interview (as the officer will tape-record the interview in duplicate and give one tape of the interview to the claimant); or
2. by the end of the interview, and subject to final confirmation, has formed an intention to recognise the claimant as a refugee (as there is no need for the claimant, after the interview, to check the officer's understanding of the claim or to comment on or rebut any potentially prejudicial information, because this will have taken place during the interview).

   Note: the officer will prepare an interview report if their intention to recognise the claimant as a refugee later changes.

3. in the case of a subsequent claim, concludes the interview after ascertaining that circumstances have not changed in the claimant's home country to such an extent that the subsequent claim is based on significantly different grounds from the previous claim (as the claimant has not been interviewed about the merits of their claim); or
4. in the course of the interview, confirms their understanding of the claimant's claim with the claimant and puts any potentially prejudicial information to the claimant (as the claimant has confirmed the officer's understanding of the claim and has had an opportunity to comment on or rebut any potentially prejudicial information).

Effective 01/10/1999