C4.1 Interviews (26/07/1999)

C4.1.1 Determinations under C1.10(d)(i)(ii), and (iii)

1. In making determinations under C1.10(d)(i)(ii) and (iii) (role of refugee status officers) in relation to claims lodged from 30 April 1998, the RSB may, at its discretion, give the claimant the opportunity of attending an interview.
2. The nature and extent of the interview depend on the nature and extent of the matter under consideration.

C4.1.5 Determinations under C1.10(d)(v), (vi), (viii), (ix), (xii), (xiii) or (xiv)

1. In making a determination or recommendation under C1.10(d)(v), (vi), (viii), (ix), (xii), (xiii) or (xiv) (role of refugee status officers) in relation to claims lodged before 30 April 1998, the RSB must in all cases give the claimant the opportunity of attending an interview and must consider all the papers.
2. The nature and extent of the interview depend on the nature and extent of the matter under consideration.

C4.1.10 Procedure for interviews

1. Once the case is allocated to a refugee status officer, an interview may be scheduled, in which case, if required, an interpreter is arranged to be present at the interview.
2. At the interview the claimant may be accompanied by a representative or representatives, who must be given the opportunity to make any comments or submissions on the case to the RSB. Such comments and submissions may be made either before or after the interview until a decision is published, but not during the interview.
3. A record of the interview must be made either by an interview report or a taped recording.
4. In the interests of fairness and natural justice, any potentially prejudicial information must be put to the claimant or their representative (see A1). Such information includes but is not limited to:
   1. any discrepancies between the claimant's written statement and the information given at interview, which were not resolved at interview, and/or
   2. any information which casts doubt upon the claimant's credibility.
5. If possible, potentially prejudicial information should be put to the claimant or the claimant's representative either orally at the interview or in writing.
6. If such potentially prejudicial information is put in writing, it must state that the discrepancies are potentially prejudicial to the claimant's claim, and clarify how much time the claimant and /or the representative has in which to comment.
7. The officer should complete an analysis of the interview, all other submissions and all relevant country information in accordance with Article 1(A) of the Convention.

Effective 26/07/1999